Quinn v. Guerrero

The Fifth Circuit affirmed the district court's judgment for defendants in this civil rights case involving claims arising from the execution of a search warrant on plaintiff's house. The court held that the district court did not err in denying plaintiff's motion to remand; the state court did not err in dismissing the common law claims against the officers pursuant to section 101.106(e) of the Texas Tort Claims Act; the district court properly dismissed plaintiff's federal claims against the individual officers; because plaintiff's negligence claims arose from the same conduct as his intentional-tort claims, governmental immunity applied and the state-law claims were properly dismissed; plaintiff failed to allege a claim of municipal liability under 42 U.S.C. 1983 because he never alleged either an official policy or a widespread custom that caused a violation of his constitutional rights; plaintiff's requested period of discovery was impermissible; and the court rejected plaintiff's claim for punitive damages. Finally, the court denied as moot the individual defendants' motion to dismiss. View "Quinn v. Guerrero" on Justia Law