Audry Releford, Jr. v. City of Houston
678 F. App'x 267
5th Cir.2017Background
- Pre-dawn Oct. 11, 2012: Kenneth Releford was accused of breaking into a neighbor’s home and assaulting two occupants; Officer Jason Rosemon responded.
- Rosemon shot Releford twice; Releford died. Rosemon says Releford advanced with his left hand concealed and posed an imminent threat.
- Witness declarations (submitted under 28 U.S.C. § 1746) claim Releford was unarmed, compliant, had both hands visible, and that Rosemon initiated contact and fired without justification.
- Releford’s estate sued Rosemon under 42 U.S.C. § 1983 in his individual capacity.
- The district court denied Rosemon’s summary-judgment motion asserting qualified immunity; Rosemon filed an interlocutory appeal.
- On appeal, the court accepted the plaintiff’s version of disputed facts for purposes of qualified-immunity review and addressed whether qualified immunity is available under those facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rosemon is entitled to qualified immunity for using deadly force | Releford: Unarmed, nondangerous, compliant; shooting violated clearly established law | Rosemon: He reasonably believed Releford posed imminent threat (advanced with concealed hand) | On plaintiff’s version, officer not entitled to immunity — an officer may not shoot an unarmed, nondangerous suspect (qualified-immunity denial stands) |
| Proper scope of this court’s appellate jurisdiction over interlocutory qualified-immunity denials | Releford: Genuine factual disputes must be resolved for summary judgment; adopt plaintiff’s facts | Rosemon: Seeks review under his version of facts to claim immunity | Court: Dismissed appeal for lack of jurisdiction to resolve disputes of fact; can only decide legal questions about materiality of disputed facts |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (1985) (police may not seize an unarmed, nondangerous suspect by shooting him dead)
- Cutler v. Stephen F. Austin State Univ., 767 F.3d 462 (5th Cir. 2014) (in qualified-immunity interlocutory appeals, accept plaintiff’s version of disputed facts)
- Lytle v. Bexar Cty., Tex., 560 F.3d 404 (5th Cir. 2009) (appellate jurisdiction limited to legal questions when genuine factual disputes exist)
- Freeman v. Gore, 483 F.3d 404 (5th Cir. 2007) (defendant must concede plaintiff’s best view of facts and raise only legal issues on interlocutory qualified-immunity appeal)
- Nissho-Iwai Am. Corp. v. Kline, 845 F.2d 1300 (5th Cir. 1988) (unsworn declarations under 28 U.S.C. § 1746 can constitute competent summary-judgment evidence)