Reynaldo Ramirez v. Jim Wells County, Texas

716 F.3d 369, 2013 WL 2096364
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 15, 2013
Docket11-41109
StatusPublished
Cited by182 cases

This text of 716 F.3d 369 (Reynaldo Ramirez v. Jim Wells County, Texas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynaldo Ramirez v. Jim Wells County, Texas, 716 F.3d 369, 2013 WL 2096364 (5th Cir. 2013).

Opinions

EMILIO M. GARZA, Circuit Judge:

This is a false arrest and excessive force case following an altercation between Reynaldo Ramirez (“Ramirez”) and Deputy Jose “Taser Joe” Martinez (“Martinez”) in Jim Wells County, Texas. Martinez appeals the district court’s denial of summary judgment based on qualified immunity on Ramirez’s 42 U.S.C. § 1983 claims and state-law official immunity on Ramirez’s state-law claims. We REVERSE in part and DISMISS in part.

I

Deputy Martinez, a Jim Wells County sheriffs deputy, arrived with other officers at a landscaping business owned by Ramirez to execute a warrant for the arrest of Ramirez’s sister-in-law, Diana Flores.1 Ramirez was not the subject of any warrant. Deputy Martinez entered the business and asked a man and a woman inside whether Flores was present; both said she was not. Martinez then exited the building.

Ramirez arrived at the business while Deputy Martinez and the other officers were still present. A news crew was also present, filming the scene.2 Ramirez claims the officers had their guns drawn and were pointing the guns at his employees, who were kneeling down. Ramirez approached Deputy Michael Teodecki, another Jim Wells County sheriffs deputy, and asked him to explain what was happening. Teodecki said Martinez was in charge of the operation and did not disclose any other information.

Ramirez located Deputy Martinez and asked Martinez what was happening and why the officers were there. The two exchanged profanities. Martinez yelled, ‘You shut your mouth or I will take you to jail!” Ramirez simultaneously yelled, “This is my business, ok?” twice. Martinez yelled, “Turn around and put your hands behind your back!” Ramirez did not comply. Martinez grabbed Ramirez’s hand and told him to turn around, but Ramirez pulled his arm away. Martinez immediately tased Ramirez in the chest. Ramirez testified that he did not resist after he pulled his arm away.

[373]*373Martinez and several officers forced Ramirez to the ground. While doing so, an officer yelled at Ramirez, “Stop resisting!” and, “Get on the ground!” Ramirez fell to his knees, and the officers forced him to the ground- on his stomach and restrained him with handcuffs. Martinez tased Ramirez a second time while lying face-down on the ground in handcuffs. Martinez arrested Ramirez, who was charged' with disorderly conduct. The charge was later dismissed. '

Ramirez filed suit in the United States District Court for the Southern District of Texas, naming as defendants Jim Wells County and several officers, including Deputy Martinez. Ramirez alleged excessive force, false arrest, and malicious prosecution claims under 42 U.S.C. § 1983 and Texas state law claims, including assault and battery and false arrest and imprisonment. Ramirez voluntarily dismissed all defendants except Martinez.

Martinez moved for summary judgment on the basis of qualified immunity and state-law official immunity. A magistrate judge recommended the district court grant the motion as to Ramirez’s § 1983 claim for malicious prosecution but deny the motion as to the remainder of Ramirez’s federal claims. The magistrate judge made no recommendation on Ramirez’s state-law claims, stating Martinez had not raised these claims in his motion for summary judgment. The district court adopted the magistrate judge’s recommendations, but determined Martinez had in fact raised the state-law claims in his motion for summary judgment. The district court nevertheless denied summary judgment on these state-law claims. Thus, the district court granted Martinez’s motion for summary judgment as to Ramirez’s § Í983 claim for malicious prosecution but denied the motion as to all other claims. Martinez timely appealed.

II

A

The denial of a motion for summary judgment is ordinarily a non-final, non-appealable order; however, when such a motion is based upon qualified immunity, its denial is a collateral order that is immediately reviewable to the extent the denial was based on an issue of law. Brown v. Strain, 663 F.3d 245, 248 (5th Cir.2011); see also Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) (holding denial of claim of qualified immunity is appealable to extent it turns on issue of law). When reviewing an interlocutory appeal'asserting qualified immunity, we lack the jurisdiction to review the district court’s decision that a genuine issue of fact exists. Brown, 663 F.3d at 248. Instead, this court’s jurisdiction is limited to determining “whether the district court erred in assessing the legal significance of the conduct that the district court deemed sufficiently supported for purposes of summary judgment.” Id. (internal quotation marks omitted). Whether we have appellate jurisdiction to review the district court’s disposition of state law matters “is a question of federal, not state, law.” Cantu v. Rocha, 77 F.3d 795, 803 (5th Cir.1996). “[Ojrders premised on the denial of [official] immunity under Texas state law are appealable in federal court to the same extent as. district court orders premised on the denial of federal law immunity.” Id. at 804; accord Kinney v. Weaver, 367 F.3d 337, 346 n. 7 (5th Cir.2004) (en banc) (“[O]rders denying official immunity under Texas law are immediately appealable to the same extent as denials of qualified immunity under federal law.”). Therefore, we have jurisdiction to review the district court’s denial of summary judgment based on both federal qualified immunity and Texas official immunity only [374]*374to the extent the denial was based on an issue of law. Cantu, 77 F.3d at 804.

We review the district court’s denial of summary judgment de novo. McFaul v. Valenzuela, 684 F.3d 564, 571 (5th Cir.2012). Summary judgment is appropriate when there is no genuine issue of material fact and the moving party has shown it is entitled to judgment as a matter of law. Id. A dispute is “genuine” if the evidence is sufficient for a reasonable jury to return a verdict for the nonmoving party. Hamilton v. Segue Software, Inc., 232 F.3d 473, 477 (5th Cir.2000). A fact issue is “material” if its resolution could affect the outcome of the action. Id. We construe all facts and all reasonable inferences in the light most favorable to Ramirez, the non-moving party. McFaul, 684 F.3d at 571.

B

Related to the appropriate standard of review is our consideration of Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). Martinez argues that because there is a videotape partially capturing the altercation at issue, this court should not view the facts in the light most favorable to Ramirez, but instead should rely on the facts established by the video recording and defer to Ramirez’s version of any remaining relevant facts. See generally Scott v.

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Bluebook (online)
716 F.3d 369, 2013 WL 2096364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynaldo-ramirez-v-jim-wells-county-texas-ca5-2013.