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REYES v. CITY OF RICHMOND, TEX.

No. 01-20398.

287 F.3d 346 (2002)

Alex REYES; Virginia Martinez, Plaintiffs-Appellees, v. CITY OF RICHMOND, TEXAS; et al., Defendants, Dan Cox, Sergeant, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 28, 2002.

Attorney(s) appearing for the Case

Darryl Carter (argued), Glickman & Hughes, Houston, TX, for Plaintiffs-Appellees.

William S. Helfand (argued), Kevin D. Jewell, Magenheim, Bateman & Helfand, Houston, TX, for Defendant-Appellant.

Before SMITH and DeMOSS, Circuit Judges, and DUPLANTIER, District Judge.

DeMOSS, Circuit Judge:

Plaintiff Alex Reyes was shot by Defendant Dan Cox of the Richmond Police Department. Reyes, who is now confined to a wheelchair, sued Cox and the City of Richmond alleging violations of Reyes' Fourth and Fourteenth Amendment rights to be free from the use of excessive force. See 42 U.S.C. § 1983. Plaintiff Virginia Martinez, Reyes' wife, also seeks damages for loss of consortium.

Officer Cox moved for summary judgment based...

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