RAMIREZ v. MARTINEZ

No. 11-41109.

716 F.3d 369 (2013)

Reynaldo RAMIREZ, Plaintiff-Appellee v. Jose "Taser Joe" MARTINEZ, Individually, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 15, 2013.


Attorney(s) appearing for the Case

Christopher John Gale (argued), Gale, Wilson & Sanchez, P.L.L.C., San Antonio, TX, for Plaintiff-Appellee.

Brian Charles Miller (argued), Myra Kay Morris , Royston, Rayzor, Vickery & Williams, L.L.P., Corpus Christi, TX, for Defendant-Appellant.

Before JONES, GARZA and PRADO, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

This is a false arrest and excessive force case following an altercation between Reynaldo Ramirez ("Ramirez") and Deputy Jose "Taser Joe" Martinez ("Martinez") in Jim Wells County, Texas. Martinez appeals the district court's denial of summary judgment based on qualified immunity on Ramirez's 42 U.S.C. § 1983 claims and state-law official immunity on Ramirez's state-law claims. We REVERSE in part and DISMISS in part.

I...

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