United States Fifth Circuit

In an action brought by a decedent's estate and family under 42 U.S.C. section 1983 asserting that defendants-police officers used excessive force when they shot and killed him, denial of summary judgment for defendants is affirmed where the circuit court lacked jurisdiction to review a finding that genuine factual issues existed, and the district court correctly found that factual disputes were material.

Appellate Information

• Decided 04/02/2007
• Published 04/03/2007

Judges

• DeMOSS, Circuit Judge:, Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• John Jeffery Mundy (argued), Mundy & Singley, Austin, TX, for Plaintiffs-Appellees., William S. Helfand (argued), Norman R. Giles, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Defendants-Appellants.