Angie Waller v. City of Fort Worth Texas, e
922 F.3d 590
5th Cir.2019Background
- Early-morning patrol officers Hoeppner and Hanlon approached the wrong house (404 vs. 409); garage door was open and their flashlights awakened residents Jerry and Kathleen Waller.
- Hoeppner shot and killed 72-year-old Jerry Waller in the garage; officers claim Waller lunged for and pointed a small gun, prompting multiple shots. Plaintiffs attach officers’ statements but disavow their accuracy.
- Plaintiffs allege forensic and photographic evidence (bullet path through left thumb/fingers, blood on palms, blood near left ear, lack of blood on gun) indicate Waller had both hands to his face and was unarmed when shot.
- Plaintiffs further allege Officer Hardin and others moved Waller’s body and the gun, made conflicting statements, delayed contacting the medical examiner, and contaminated the scene to cover up misconduct.
- Procedural posture: plaintiffs sued under 42 U.S.C. § 1983 (excessive force and denial-of-access claims) and sought declaratory relief under the Texas Constitution; district court denied defendants’ Rule 12(c) qualified-immunity motions as to excessive-force and access-to-courts claims. Defendants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pleadings plausibly allege Waller was unarmed when shot (excessive force; qualified immunity) | Forensic wounds and blood-spatter patterns show Waller had hands to face and could not have been gripping a gun; officers’ narrative fabricated | Autopsy/exhibits do not contradict officers and plaintiffs only show possibility, not plausibility; multiple shots could reflect continuing threat | Court: Plaintiffs plausibly alleged Waller was unarmed; deny judgment on pleadings as to Hoeppner’s qualified immunity for excessive force (affirmed) |
| Whether plaintiffs state backward-looking denial-of-access claim (conspiracy to cover up) | Coverup destroyed evidence and frustrated ability to litigate excessive-force claim | Plaintiffs have an active, ongoing suit and have not shown that the alleged coverup already made relief unavailable | Court: Claim unripe/insufficient—plaintiffs have not shown they lost or cannot obtain a remedy; dismiss denial-of-access claims without prejudice (reversed) |
| Standing for declaratory relief under state constitution (seeking declaration re: past injury) | Seek declarations that state-constitutional rights were violated by past conduct | Declaratory-judgment plaintiffs must show continuing harm or a real, immediate future injury | Court: No standing for declaratory relief based solely on past injury; dismiss declaratory claims without prejudice (reversed) |
| Appellate jurisdiction over interlocutory qualified-immunity and related state declaratory claims | Plaintiffs argued factual-genuineness precluded immediate appeal | Defendants appealed denial of Rule 12(c) qualified immunity; pendent jurisdiction is proper for closely related state claims | Court: Exercise collateral-order jurisdiction over qualified-immunity denial; pendent jurisdiction to review declaratory claims because facts/elements overlap and to avoid trial despite immunity (jurisdiction proper) |
Key Cases Cited
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (recognizing collateral-order doctrine for immediate appeals)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading must state a plausible claim)
- Ashcroft v. Iqbal, 556 U.S. 662 (Iqbal plausibility standard and two-step pleading inquiry)
- Christopher v. Harbury, 536 U.S. 403 (framework for forward- and backward-looking denial-of-access claims)
- Bazan ex rel. Bazan v. Hidalgo County, 246 F.3d 481 (excessive-force/qualified-immunity principles)
- Ryland v. Shapiro, 708 F.2d 967 (federal right of access to courts principles)
- Choice, Inc. of Tex. v. Greenstein, 691 F.3d 710 (ripeness—further factual development may be required)
- Delew v. Wagner, 143 F.3d 1219 (dismissing backward-looking denial-of-access claims as unripe)
- Karim-Panahi v. Los Angeles Police Dep’t, 839 F.2d 621 (cover-up claims not ripe while underlying litigation unresolved)
- Ashcroft v. Mattis, 431 U.S. 171 (no standing to seek declaratory relief for past constitutional injury)