Valderas v. City of Lubbock, No. 18-11023 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's grant of summary judgment in favor of a law enforcement officer, dismissing plaintiff's 42 U.S.C. 1983 excessive force claim. The court held that plaintiff failed to present a genuine issue of material fact regarding his excessive force claim where this circuit has repeatedly held that an officer's use of deadly force is reasonable when an officer reasonably believes that a suspect was attempting to use or reach for a weapon. In this case, it was undisputed that the officer saw plaintiff intentionally brandish a firearm at the approaching officers. The court also held that the district court did not abuse its discretion in granting the officer's motion to strike certain evidence and statements offered by plaintiff in summary judgment proceedings.
This opinion or order relates to an opinion or order originally issued on May 21, 2019.