Pena v. Rio Grande City, Texas, No. 16-41522 (5th Cir. 2018)
Annotate this CasePlaintiff filed suit against the city and two officers, alleging the use of excessive force under 42 U.S.C. 1983, and negligence under the Texas Tort Claims Act (TTCA). The Fifth Circuit held that the district court erred in disregarding plaintiff's proposed amended complaint because it stated plausible claims against the officers. The proposed amended complaint alleged that Officer Vela approached to arrest plaintiff and that she did not physically assault either Vela or her father. Accordingly, the court vacated and remanded to the district court to consider whether plaintiff's pleadings survived the officers' defense of qualified immunity. The court held that the claims against the city failed. Therefore, the court affirmed in part, reversed in part, and remanded.
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