James Snyder, Plaintiff-Appellee-Cross-Appellant v. Sidney Trepagnier, City of New Orleans, Defendant-Appellant-Cross-Appellee

JERRY E. SMITH, Circuit Judge:

The City of New Orleans (“the city”) appeals a judgment of liability under 42 U.S.C. § 1983 for the shooting of James Snyder by police officer Sidney Trepagnier. Snyder cross-appeals, contending that the district court erred in submitting to the jury the question of Trepagnier’s qualified immunity. We reverse the judgment insofar as it imposes liability against the city but affirm insofar as the judgment grants Trepagnier qualified immunity. We affirm the refusal to find liability for assault and battery.

*794I.

Snyder was shot in the back by Trepagnier while fleeing…