The appellant, a police officer, challenges the district court's denial of summary judgment based on qualified immunity on the plaintiff's 42 U.S.C. §1983 claims and state-law official immunity on the plaintiff's state-law claims. Regarding the false arrest claim, if an officer reasonably but mistakenly believes that probable cause exists, he is entitled to qualified immunity. The plaintiff's version of the facts as supported by the summary judgment record is sufficient to establish under the Graham factors that the officer used excessive force. The district court's judgment is reversed in part and the case is dismissed in part. 5th U.S. Circuit Court of Appeals, No. 11--41109, 05-15-2013.
Ramirez v. Martinez
May 21, 2013