SAUCEDA v. CITY OF SAN BENITO, TEXAS

No. 19-40904.

78 F.4th 174 (2023)

Ricardo SAUCEDA, Plaintiff-Appellant, v. CITY OF SAN BENITO, TEXAS; Hector Lopez, Individually and in his official capacity as a Peace Officer for the City of San Benito, Texas Police Department, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 15, 2023.


Attorney(s) appearing for the Case

Katie P. Klein , William Daniel Mount, Jr. , Dale & Klein, L.L.P., McAllen, TX, for Plaintiff-Appellant.

J. Arnold Aguilar , Aguilar & Zabarte, L.L.C., Brownsville, TX, for Defendants-Appellees.

Before Richman, Chief Judge, and Dennis and Haynes, Circuit Judges.


On June 20, 2015, San Benito police officer Hector Lopez approached Ricardo Sauceda while Sauceda was standing in the front yard of his property. Lopez was responding to a call from Marco Cortez, a relative of Sauceda's neighbors, who alleged that Sauceda had made rude comments and gestures toward him from across...

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