(DOWNLOAD) "Gutierrez V. City Of San Antonio" by Fifth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Gutierrez V. City Of San Antonio
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 14, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The family of Rene Gutierrez, Jr. ("Gutierrez") brought suit against the defendant police officers, Lawrence Walters, Jr. and Robert Solis (the "officers"), for allegedly depriving him of his rights under the Fourth and Fourteenth Amendments of the U.S. Constitution by hog-tying him. The district court issued an order granting in part and denying in part the officers' summary judgment and Fed. R. Civ. P.12 (b)(6) motions. The officers now bring an interlocutory appeal seeking dismissal or summary judgment based on qualified immunity. Because we conclude that material disputes of fact prevent us from determining the objective reasonableness of the officers' conduct, we dismiss their appeal of the Fourth Amendment claim for lack of jurisdiction and vacate and render a take nothing verdict on the Fourteenth Amendment claim.