Dean v. Phatak, No. 16-20650 (5th Cir. 2018)
Annotate this CaseDefendant, a state medical examiner, appealed the district court's denial of his motion for summary judgment based on qualified immunity on claims arising from the failed prosecution of a husband for the death of his wife. The Fifth Circuit vacated and remanded for reconsideration of the motion confined to the summary judgment evidence. In this case, the district court's analysis cited allegations in the pleadings without reference to record evidence. Therefore, in the absence of an identification of summary judgment evidence relied upon, the court could not affirm the denial of qualified immunity.
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