United States Fifth Circuit

In a 42 U.S.C. section 1983 action alleging excessive force by the police, judgment as a matter of law in favor of defendant-county is affirmed where a reasonable jury could not find that the county's alleged policy was the moving force behind the officer's actions.

Appellate Information

• Decided 08/04/2009
• Published 08/04/2009

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert Lee Galloway, Law Office of Robert L. Galloway, Benjamin Lewis Hall, III, The Hall Law Firm, T. Gerald Treece (argued), South Texas College of Law, Brian Weil Zimmerman, Zimmerman, Axlerad, Meyer, Stern & Wise, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Lisa Rice Hulsey, George Andrew Nachtigall, Bruce S. Powers, Asst. Cty. Atty. (argued), Houston, TX, Michael Paul Fleming, Michael P. Fleming & Associates, P.C., Houston, TX, for Defendant-Appellee.