United States Fifth Circuit

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Kovacic v. Villarreal, 10-40208

In an action under 42 U.S.C. section 1983 against City of Laredo police officers to recover damages for the death of plaintiff's decedent, the denial of qualified immunity to defendants is reversed where there was also no evidence in the record showing that the officers had any reason to think that plaintiff's decedent likely would not call his wife to pick him up as he indicated, or that the officers were aware that he was lacking the resources to secure another way home.

Appellate Information

  • Decided 12/17/2010
  • Published 12/17/2010

Judges

  • Julie Garwood

Court

  • United States Fifth Circuit

Counsel