Trevino v. City of Fort Worth, No. 19-10414 (5th Cir. 2019)Annotate this Case
After Alisha Trevino died from a self-administered overdose of illegal drugs while in police custody, members of her family filed suit against the city under 42 U.S.C. 1983. The Fifth Circuit affirmed the district court's grant of the city's motion to dismiss and denial of plaintiffs' motion for a new trial.
The court held that the district court did not err in denying Federal Rule of Civil Procedure 59(e) relief where failure to file a response to a motion to dismiss is not a manifest error of law or fact, nor is it a manifest error to deny relief when failure to file was within plaintiffs' counsel's "reasonable control." The court also held that the district court reasonably determined that there was no excusable neglect in this case warranting relief under Federal Rule of Civil Procedure 60(b)(1).