Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appeal from the United States District Court For the Southern District of Texas

Plaintiff Alex Reyes was shot by Defendant Dan Cox of the Richmond Police Department. Reyes, who is now confined to a wheelchair, sued Cox and the City of Richmond alleging violations of Reyes’ Fourth and Fourteenth Amendment rights to be free from the use of excessive force. See 42 U.S.C. � 1983. Plaintiff Virginia Martinez, Reyes’ wife, also seeks damages for loss of consortium.

Officer Cox moved for summary judgment based on qualified immunity. The magistrate judge denied the motion, positing that “[g]iven the widely different witness accounts of the shooting of Plaintiff Reyes, the case simply cannot be resolved on summary judgment.” Officer Cox appealed the magistrate’s decision to this Court, arguing: (1) that we have jurisdiction over this interlocutory appeal under the “collateral order doctrine,” and (2) that, under the theory of qualified immunity, he is entitled to summary judgment as a matter of law. Because we conclude that Officer Cox’s “arguments on appeal depend upon portions of his statement of facts that differ from the facts the district court assumed,” White v. Balderama, 161 F.3d 913, 914 (5th Cir. 1998), we dismiss Officer Cox’s appeal for lack of jurisdiction and remand to the trial court for resolution of the parties’ claims.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Georgia Legal Awards 2022 (GALA)

June 23, 2022
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession in Georgia.

Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.

Learn More

Commercial Finance Associate (Flexible location)

Duane Morris LLP seeks two commercial finance associates to join its strong and growing 190+ lawyer Corporate Practice Group. The ideal cand...

Apply Now ›

Public Finance Associate

Cozen O Connor seeks an attorney with at least four years of experience to join the firm s growing multi-state Public Finance practice. This...

Apply Now ›


Midtown NYC Defense firm seeking 3 attorneys. NJ Bar Admission a plus. (1) General Liability/Malpractice Attorney 2 years experience. (2) W...

Apply Now ›



Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association

View Announcement ›



RAYNES & LAWN is Proud to Welcome Next Generation to the Firm

View Announcement ›