Ramirez v. Martinez, No. 11-41109 (5th Cir. 2013)
Annotate this CasePlaintiff brought suit against defendant, a deputy officer, following an altercation between the parties where plaintiff alleged claims of false arrest and excessive force. On appeal, defendant challenged the district court's denial of summary judgment based on qualified immunity on plaintiff's 42 U.S.C. 1983 claims and state-law official immunity on plaintiff's state-law claims. The court held that defendant was entitled to qualified immunity on plaintiff's false arrest claim because a reasonable officer at the scene would have thought that he had probable cause to arrest plaintiff, but not on plaintiff's excessive force claim. In addition, defendant was entitled to official immunity on plaintiff's state-law false arrest and imprisonment claim but not on plaintiff's state-law assault and battery claim. Accordingly, the court reversed in part and dismissed in part.
The court issued a subsequent related opinion or order on May 24, 2013.
The court issued a subsequent related opinion or order on May 30, 2013.
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