Gragert Ex Rel. Estate of Gragert v. Waybright
423 F. App'x 428
5th Cir.2011Background
- Gragert, as widow and representative of the decedent, filed a §1983 excessive-force claim against Deputy Waybright and Harris County in Texas state court, which was removed to federal court.
- The district court denied Waybright’s summary judgment motion on qualified immunity due to disputed material facts about Fourth Amendment violation.
- Waybright appealed the denial; the Fifth Circuit dismissed for lack of finality because the order was not a final, appealable ruling.
- The underlying incident occurred early June 2, 2007, when Waybright fired multiple shots at a vehicle approaching him after observing a car with its lights out at a car wash.
- Disputed evidence centers on whether Waybright reasonably perceived an imminent threat; Waybright testified the vehicle endangered him, while Gragert introduced an expert opinion challenging the reasonableness.
- The district court found the expert’s opinion to create genuine issues of material fact precluding summary judgment on qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review denial of summary judgment | Appeal seeks law-based review of qualified-immunity denial. | Interlocutory appeal jurisdiction exists only for law-based denials. | We lack jurisdiction; the denial rested on genuine issues of material fact. |
| Whether Waybright is entitled to qualified immunity given disputed facts | Expert dispute shows excessive force; not reasonable under clearly established law. | Credible version shows threat justified deadly force; may be reasonable. | Disputed material facts preclude summary judgment on qualified immunity. |
| Impact of expert testimony on material facts | Expert evidence supports excessive-force claim and creates genuine issue. | Expert opinion insufficient to defeat summary judgment as to fault. | Material facts remain disputed; expert testimony is sufficient to preclude judgment as a matter of law. |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (U.S. 1985) (deadly force permissible when imminent threat to officer or others exists)
- Mitchell v. Forsyth, 472 U.S. 511 (U.S. 1985) (collateral-order doctrine for qualified-immunity rulings)
- Naylor v. State of La., Dep’t of Corr., 123 F.3d 855 (5th Cir. 1997) (per curiam; law-based denials of qualified immunity are appealable)
- Easter v. Powell, 467 F.3d 459 (5th Cir. 2006) (two-prong test for qualified immunity)
- Hampton v. Oktibbeha Cnty. Sheriff Dep’t, 480 F.3d 358 (5th Cir. 2007) (standard for evaluating objective reasonableness under clearly established law)
- Bazan ex rel. Bazan v. Hidalgo Cnty., 246 F.3d 481 (5th Cir. 2001) (district court may consider sole-surviving-witness scenario in genuine-issue determinations)
- Manis v. Lawson, 585 F.3d 839 (5th Cir. 2009) (materiality of disputed facts; focus on whether facts could affect outcome)
- Wyatt v. Hunt Plywood Co., 297 F.3d 405 (5th Cir. 2002) (definition of material facts in summary-judgment contexts)