Harris County v. Nagel, 349 S.W.3d 769

Nagel, individually and as representative of Joel Don Casey's estate, sued Harris County and three deputy constables for excessive force under 42 U.S.C. § 1983 after Casey's death during an attempted emergency detention.
Fifteen minutes elapsed from deputies' arrival at Casey's home to his death; Casey, a long-time schizophrenia patient, was hogtied and subjected to multiple taser shocks and other force.
Medical evidence linked Casey's death to the officers' restraint and taser use; autopsy showed extensive injuries and an expert connected the death to the restraining conduct.
The jury found the deputies liable for excessive force, denied qualified immunity, and found the County liable for ratification, failure to train, and failure to supervise; damages totaled $3 million.
Abiercia, the Precinct One Constable, was identified as the final policymaker responsible for mental-health-warrant procedures; ratification by Abercia was alleged to have caused the violation.
The appellate court affirmed, holding that the deputies were not entitled to qualified immunity, and that ratification by Abercia could support County liability, with the trial record supporting causation and policy.
The substitute opinion concluded that the County ratified the deputies' unconstitutional force and that the evidence supported the jury's findings against both the deputies and the County.

Issue	Plaintiff's Argument	Defendant's Argument	Held
whether the jury instruction properly defined qualified immunity	Nagel	Gehring/County	Instruction proper; no abuse of discretion
whether Nagel presented legally sufficient evidence to overcome qualified immunity	Nagel	Gehring/County	Evidence legally sufficient; no reversible error
whether ratification by the County was the moving force behind the violation	Nagel	County	Ratification evidence legally sufficient; issue upheld
whether Abercia was the final policymaker for the County on mental-health-warrant executions	Nagel	County	Abercia identified as final policymaker; County liable via ratification
whether the trial court erred in submitting ratification as a theory of recovery	Nagel	County	No error; ratification properly submitted and supported

Harlow v. Fitzgerald, 457 U.S. 800 (U.S. 1982) (qualified immunity shields officials from damages when reasonable)
Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness in force used; split-second judgments)
Anderson v. Creighton, 483 U.S. 635 (U.S. 1987) (defense applies when reasonable officer could believe conduct lawful)
Monell v. Dept. of Social Servs., 436 U.S. 658 (U.S. 1978) (local government liability for official policy or widespread custom)
Praprotnik v. City of St. Louis, 485 U.S. 112 (U.S. 1988) (ratification as basis for municipal liability when policymakers approve)
Pembaur v. City of Cincinnati, 475 U.S. 469 (U.S. 1986) (policymaking authority may be delegated; final policymaker concept)
City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (U.S. 1981) (official policy may be single-event decision by policymaker)