ZAPATA v. MELSON

No. 13-40762.

750 F.3d 481 (2014)

Mary M. ZAPATA, Individually and as Administrator of the Estate of Jaime J. Zapata; Amador Zapata, Jr.; Victor Avila, Jr., Plaintiffs-Appellees v. Kenneth MELSON; William D. Newell; Hector Tarango; David Voth; Juan Gelista; Jerry Miles; Anthony Salisbury; Raul Aguilar; Lanny Breuer; Luis Alvarez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 18, 2014.


Attorney(s) appearing for the Case

Trey Martinez, III , Tomas Francisco Tijerina , Law Office of Benigno (Trey) Martinez, P.L.L.C., Edward Michael Rodriguez , Atlas, Hall & Rodriguez, L.L.P., Brownsville, TX, Daniel G. Gurwitz , Atlas, Hall & Rodriguez, L.L.P., Erin Ann Hudson , Raymond L. Thomas , Kittleman, Thomas & Gonzales, L.L.P., McAllen, TX, Magdalena Avila Villalobos , Rad Law Firm, Fort Worth, TX, for Plaintiffs-Appellees.

Daniel Joseph Lenerz, Esq. , Edward J. Martin , U.S. Department of Justice, Washington, DC, for Defendants-Appellants.

Before DENNIS and PRADO, Circuit Judges, and BROWN, District Judge.


JAMES L. DENNIS, Circuit Judge:

A number of federal officers appeal a district court's order allowing discovery and deferring a ruling on the defendants' motion asserting qualified official immunity. We reverse and remand this case to the district court for that court's consideration and ruling on the motion.

BACKGROUND

We need not elaborate on the allegations underlying this case in detail given its posture on appeal. The plaintiffs-appellees' claims...

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