No. 19-276

Jose Luis Garza, et al. v. City of Donna, Texas

Lower Court: Fifth Circuit
Docketed: 2019-08-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights detainee-mistreatment due-process episodic-act-or-omission evidentiary-standard fact-question free-speech legal-interpretation municipal-liability municipal-policy qualified-immunity section-1983 summary-judgment
Key Terms:
SocialSecurity
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (from Petition)

Did the panel err - in the summary judgment context in determining as a matter of law, on the basis of no articulated evidence or authority, that the signs posted by Respondent were too "inexact" and "nebulous" in meaning to constitute municipal policy for § 1983 "episodic act or omission" purposes, rather than treating the interpretation of such self-identified ambiguities as a question of fact, where the non-movant supplied ample evidence establishing that such signs constituted clear official approval of detainee mistreatment?

Question Presented (AI Summary)

Did the panel err in determining that the signs posted by Respondent were too 'inexact' and 'nebulous' in meaning to constitute municipal policy for § 1983 'episodic act or omission' purposes, rather than treating the interpretation of such self-identified ambiguities as a question of fact

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-11
Reply of petitioners Jose Luis Garza, et al. filed.
2019-10-29
Brief of respondent City of Donna in opposition filed.
2019-09-30
Response Requested. (Due October 30, 2019)
2019-09-18
DISTRIBUTED for Conference of 10/11/2019.
2019-09-09
Waiver of right of respondent City of Donna to respond filed.
2019-08-28
Petition for a writ of certiorari filed. (Response due September 30, 2019)

Attorneys

City of Donna
J. Arnold AguilarAguilar & Zabarte, LLC, Respondent
Jose Luis Garza, et al.
Victoria GuerraLaw Office of Victoria Guerra, Petitioner