No. 19-276

Jose Luis Garza, et al. v. City of Donna, Texas

Lower Court: Fifth Circuit
Docketed: 2019-08-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights detainee-mistreatment due-process episodic-act-or-omission evidentiary-standard fact-question free-speech legal-interpretation municipal-liability municipal-policy qualified-immunity section-1983 summary-judgment
Key Terms:
SocialSecurity
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Did the panel err in determining that the signs posted by Respondent were too 'inexact' and 'nebulous' in meaning to constitute municipal policy for § 1983 'episodic act or omission' purposes, rather than treating the interpretation of such self-identified ambiguities as a question of fact

Question Presented (OCR Extract)

QUESTION PRESENTED Did the panel err — in the summary judgment context — in determining as a matter of law, on the basis of no articulated evidence or authority, that the signs posted by Respondent were too “inexact” and “nebulous” in meaning to constitute municipal policy for § 1983 “episodic act or omission” purposes, rather than treating the interpretation of such self-identified ambiguities as a question of fact, where the non-movant supplied ample evidence establishing that such signs constituted clear official approval of detainee mistreatment? ii STATEMENT OF RELATED CASES ¢ Garza v. City of Donna, No. 7:16-cv-00558, U.S. District Court for the Southern District Of Texas. Judgment entered December 15, 2017. ¢ Garza v. City of Donna, No. 18-40044, U.S. Court of Appeals for the Fifth Circuit. Judgment entered April 26, 2019.

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-11
Reply of petitioners Jose Luis Garza, et al. filed.
2019-10-29
Brief of respondent City of Donna in opposition filed.
2019-09-30
Response Requested. (Due October 30, 2019)
2019-09-18
DISTRIBUTED for Conference of 10/11/2019.
2019-09-09
Waiver of right of respondent City of Donna to respond filed.
2019-08-28
Petition for a writ of certiorari filed. (Response due September 30, 2019)

Attorneys

City of Donna
J. Arnold AguilarAguilar & Zabarte, LLC, Respondent
Jose Luis Garza, et al.
Victoria GuerraLaw Office of Victoria Guerra, Petitioner