LUNA v. MULLENIX

No. 13-10899.

765 F.3d 531 (2014)

Beatrice LUNA, Individually and as Representative of the Estate of Israel Leija, Jr.; Christina Marie Flores, as Next Friend of J.L. and J.L., Minor Children, Plaintiffs-Appellees v. Chadrin Lee MULLENIX, In His Individual Capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 28, 2014.


Attorney(s) appearing for the Case

Robert Smead Hogan, Esq. , Hogan Law Firm, P.C. Lubbock, TX, K. Paul Holloway , Law Office of Paul Holloway, Plainview, TX, for Plaintiffs-Appellees.

Karen Denise Matlock , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Defendant-Appehant.

Before KING, HAYNES, and GRAVES, Circuit Judges.


JAMES E. GRAVES, JR., Circuit Judge:

This § 1983 excessive use of force case arises from the shooting and death of Israel Leija, Jr. by Texas Department of Public Safety (DPS) Trooper Chadrin Mullenix during a high-speed pursuit. The district court denied Mullenix's motion for summary judgment on the issue of qualified immunity, holding that multiple genuine disputes of material fact existed as to the qualified immunity analysis. We affirm.

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