United States Fifth Circuit

In a suit alleging excessive force and deliberate indifference against a city police officer, summary judgment for defendant-city affirmed and judgment for defendant-officer reversed where: 1) plaintiff failed to produce evidence that his injuries were the result of a municipal policy; but 2) evidence of defendant-officer's prior conduct should not have been excluded, and plaintiff was prejudiced by its exclusion.

Appellate Information

• Decided 10/23/2008
• Published 10/23/2008

Judges

• JENNIFER W. ELROD, Circuit Judge:, Before KING, WIENER, and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Alex Arthur Castetter (argued), Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Hinojosa., Albert Lopez (argued), Deborah L. Leach, Law Offices of Albert Lopez, San Antonio, TX, for Butler., Shawn Kevin Fitzpatrick (argued), San Antonio, TX, for City of San Antonio.