Westfall v. Luna, No. 16-11234 (5th Cir. 2018)Annotate this Case
The Fifth Circuit reversed and remanded the district court's grant of summary judgment to Officers Nathaniel Anderson, Jose Luna, and Venessa Trevino on plaintiff's false-arrest claims and to Luna on the excessive-force claim. The court held that genuine fact issues exist as to the reasonableness of an officer concluding that they had authority to enter the home based on consent. The court affirmed the district court's grant of summary judgment to Trevino on the excessive-force claim, to Luna on the retaliation claim, and to Anderson, Luna, and Trevino on plaintiff's denial-of-medical-treatment claims. The court also affirmed the district court's dismissal of plaintiff's claims against Officers Chris Melton and Thomas Roberson, and failure-to-train claim against the City of Southlake. Finally, the court dismissed plaintiff's appeal of the district court's sealing order based on lack of jurisdiction.