United States Fifth Circuit

In a 42 U.S.C. section 1983 action, denial of defendants-deputies' motions for summary judgment on the basis of qualified immunity is affirmed in part as to plaintiff's unlawful arrest claim, but reversed in part as to an excessive force claim where any injuries suffered by plaintiff were minor and incidental, and it was not excessive force for deputies to leave plaintiff in a patrol car for 30 to 45 minutes.

Appellate Information

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

Judges

• DENNIS, Circuit Judge:, Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Curtis B. Stuckey (argued), Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Plaintiff-Appellee., Christi Johnson Kennedy, Robert Scott Davis (argued), Flowers Davis, Tyler, TX, for Defendants-Appellants.