Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Reyes v. City of Richmond, Texas

To the extent that an officer's arguments on appeal depend upon portions of his statement of facts that differ from the facts the district court assumed, the appellate court lacks jurisdiction to consider them because they would involve challenges to the sufficiency of the evidence.

X

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

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
Go to CLE Center

GlobeSt. Healthcare Real Estate 2023

December 11, 2023 - December 12, 2023
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More

Legalweek Leaders in Tech Law Awards 2024

January 29, 2024
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Legalweek New York 2024

January 29, 2024 - February 01, 2024
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered


Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...


Apply Now ›

Labor and Employment Junior Associate


Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...


Apply Now ›
Go to Lawjobs

Shapiro, Croland, Reiser, Apfel, & Di Iorio, LLP

11/20/2023
New Jersey Law Journal

ShapiroCroland Attorneys at Law Take Pleasure in Announcing that VALERIE A. VLADYKA HAS JOINED THE FIRM AS COUNSEL Valerie concentrates her practice in Insurance coverage, Commercial Litigation and Probate Matters 411 Hackensack Avenue, Hackensack, New Jersey 07601 Telephone: (201) 488-3900 | Telecopier: (201) 488-9481 |www.shapiro-croland.com November 2023


View Announcement ›

Rottenstreich Farley Bronstein Fisher Potter Hodas LLP

11/13/2023
Daily Business Review

Congratulations to our Partner Richard Segal on becoming Chairman of the Miami Beach Chamber of Commerce


View Announcement ›

Krupnick Campbell Malone, et al, P.A.

11/06/2023
Daily Business Review

WE'RE MOVING! November 30, 2023


View Announcement ›
Go to Professional Announcements

Legal Newswire

Good2bSocial Announces Results from the 2023 Social Law Firm Index
ZeroRisk Cases Launches Game-Changing Lead Generation Service for Law Firms, Gua...
Joint intervention success as Churchill judgment allows the courts to order part...
SEDA Experts Expands its ETF and Index Strategies Expert Witness Practice
Submit a press release