Luna, et al. v. Texas Dept. of Public Safety

Plaintiff filed suit under 42 U.S.C. 1983, alleging excessive use of force from the shooting and death of Israel Leija, Jr. by a DPS trooper. The district court denied the trooper's motion for summary judgment based on qualified immunity because multiple genuine disputes of material fact existed as to the qualified immunity analysis. The court concluded that whether Leija was posing a substantial and immediate risk of danger to other officers or bystanders, sufficient to justify the use of deadly force at the time of the shooting, is a disputed fact. Because on this record, the immediacy of the risk posed by Leija cannot be resolved as a matter of law at the summary judgment stage, the court affirmed the district court's judgment. View "Luna, et al. v. Texas Dept. of Public Safety" on Justia Law