United States Fifth Circuit

Denial of a motion to dismiss, on grounds of qualified immunity, claims under 42 U.S.C. section 1983 and state law for injuries sustained from a police vehicle driven by an escapee is reversed as pertaining to 1983 claims against certain defendants where the facts, taken in the light most favorable to plaintiffs, did not show that defendants violated plaintiff's federal constitutional rights.

Appellate Information

• Decided 03/27/2006
• Published 03/27/2006

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Broadus A. Spivey (argued), Yii-Chwen (Francis) Pan, Spivey & Ainsworth, Austin, TX, Raul A. Rios, The Rios Law Firm, San Antonio, TX, for Plaintiffs-Appellees., Patrick C. Bernal (argued), Alan Troy Ozuna, Denton, Navarro, Rocha & Bernal, San Antonio, TX, for Defendants-Appellants.