July 11th, 2017
US Court of Appeals for the Fifth Circuit Opinions
Quinn v. Guerrero
Opinion Date: July 10, 2017
Judge: Leslie H. Southwick
Areas of Law: Civil Rights, Constitutional Law, Criminal Law
The Fifth Circuit affirmed the district court's judgment for defendants in this civil rights case involving claims arising from the execution of a search warrant on plaintiff's house. The court held that the district court did not err in denying plaintiff's motion to remand; the state court did not err in dismissing the common law claims against the officers pursuant to section 101.106(e) of the Texas Tort Claims Act; the district court properly dismissed plaintiff's federal claims against the individual officers; because plaintiff's negligence claims arose from the same conduct as his intentional-tort claims, governmental immunity applied and the state-law claims were properly dismissed; plaintiff failed to allege a claim of municipal liability under 42 U.S.C. 1983 because he never alleged either an official policy or a widespread custom that caused a violation of his constitutional rights; plaintiff's requested period of discovery was impermissible; and the court rejected plaintiff's claim for punitive damages. Finally, the court denied as moot the individual defendants' motion to dismiss.
Leave a Reply.
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm