Derrick Newman v. James Guedry, 2012 U.S. App. LEXIS 26205

Beaumont, Texas, August 2007: traffic stop of Willie Cole for failing to yield; Mario Cole had an outstanding warrant and was arrested; Newman and Willie remained outside the car during the pat-down search of Mario.
Guedry and Burke arrived as backup; Guedry tasered Newman during the pat-down; Burke then used a baton on Newman’s arms and leg during a struggle.
Newman alleges no commands were given and the force used was excessive and unreasonable; video recordings exist but do not conclusively prove both sides’ accounts.
Newman sued in state court for state-law and §1983 excessive-force claims; the case was removed to federal court; district court granted summary judgment to Torres, Duchamp, and Brown, but denied Guedry and Burke on the §1983 claim and state-law claims.
The panel dismissed the appeal for lack of jurisdiction under the collateral-order doctrine because material facts were found to be in dispute by the district court, and this court may review only legal questions, not resolve genuine factual disputes.
The dissent argues the officers’ conduct was objectively reasonable under the circumstances and that the majority wrongly rejects the on-scene context and Graham factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Guedry and Burke are entitled to qualified immunity on the excessive-force claim	Newman: force was clearly excessive and unreasonable	Guedry/Burke: force was objectively reasonable given resistance	Appeal dismissed for lack of jurisdiction due to disputed material facts (no review on merits)
Whether the officers are entitled to official immunity on the state-law claims	Newman: not in good faith; force unjustified	Officers acted in good faith under Texas official-immunity standard	Appeal dismissed for lack of jurisdiction; district court’s factual disputes limit review on merits

Graham v. Connor, 490 U.S. 386 (1989) (establishes objective-rereasonableness standard for excessive force)
Tarver v. City of Edna, 410 F.3d 745 (5th Cir.2005) (factors for excessive-force analysis; reasonableness at time of arrest)
Deville v. Marcantel, 567 F.3d 156 (5th Cir.2009) (genuine disputes about reasonableness of force; negotiating prior to force)
Anderson v. Creighton, 483 U.S. 635 (1987) (clearly established law; fair warning standard)
Kinney v. Weaver, 367 F.3d 337 (5th Cir.2004) (establishes fair-warning/clearly established standard for qualified immunity)
Reichle v. Howards, 131 S. Ct. 2093 (2011) (notes on approaching qualified-immunity analysis)
Scott v. Harris, 550 U.S. 372 (2007) (video evidence can be controlling when it contradicts opposing account)
Spann v. Rainey, 987 F.2d 1110 (5th Cir.1993) (example of excessive-force no qualified immunity)