United States Fifth Circuit

In a civil rights action alleging, inter alia, excessive force and conspiracy claims against defendants-law enforcement officers, summary judgment for defendants is reversed in part where: 1) plaintiff's excessive force claim is conceptually distinct from the facts underlying her criminal conviction for resisting arrest and, thus, is not barred by Heck v. Humphrey; 2) defendants did not establish that they are entitled to qualified immunity; and 3) defendants did not separately move for summary judgment on conspiracy and respondeat superior claims.

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

• OWEN, Circuit Judge:, Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gary William Bizal (argued), Pierce & Bizal, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Robert Bradley Lewis (argued), Charles Marion Hughes, Jr., Talley, Anthony, Hughes & Knight, Mandeville, LA, for Defendants-Appellees.