United States Fifth Circuit

In an action based on an incident in which decedent was shot and killed by Houston police officers during an incident at his family's home, summary judgment for defendants is affirmed where: 1) although an officer's decision to order entry into plaintiffs' home was arguably the "moving force" behind the constitutional violations that resulted in decedent's death, because his decision was not a decision by a final policymaker of the City, the City could not be liable; and 2) plaintiffs failed to present sufficient evidence of causation as to the entry of their home.

Appellate Information

• Decided 08/02/2010
• Published 08/02/2010

Judges

• Emilio M. Garza

Court

• United States Fifth Circuit

Counsel