November 26th, 2019
Garza v. Briones
Opinion Date: November 25, 2019
Judge: Jerry E. Smith
Areas of Law: Civil Rights, Constitutional Law, Criminal Law
The Fifth Circuit affirmed the district court's grant of summary judgment to law enforcement officers in an excessive force action filed under 42 U.S.C. 1983 by the estate of the deceased. The court held that the evidence did not raise a genuine dispute of material fact as to whether the officers' use of deadly force violated the deceased's Fourth Amendment rights. Therefore, the officers were entitled to qualified immunity. In this case, the officers had probable cause to conclude that the deceased posed a serious threat of physical injury or death where the officers thought they were confronting an unpredictable man armed with a dangerous weapon.
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