Elizondo, et al. v. City of Garland Police Dept., No. 10-11177 (5th Cir. 2012)
Annotate this CasePlaintiffs, individually and on behalf of Ruddy Elizondo, appealed from two separate district court orders granting summary judgment to Officer W.M. Green and the City of Garland, Texas, on their claims pursuant to 42 U.S.C. 1983 that Green used excessive force against Ruddy in violation of the Fourth Amendment. The court agreed with the district court's conclusion that Green's use of deadly force was not clearly unreasonable when Ruddy ignored repeated instructions to put down the knife he was holding and seemed intent on provoking Green; at the time Green discharged his weapon, Ruddy was hostile, armed with a knife, in close proximity to Green, and moving closer; and in considering the totality of the circumstances in which Green found himself, it was reasonable for him to conclude that Ruddy posed a threat of serious harm. Finally, in the absence of a constitutional violation, there was no municipal liability for the City. Accordingly, the court affirmed the judgment of the district court.
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