Jose Escarcega v. City of Lubbock Police Dept, et
701 F. App'x 338
| 5th Cir. | 2017Background
- Around midnight on July 30, 2015, Officer Durrett found a pickup stopped on the road; Escarcega said it was out of gas and helped push it to a gas station.
- Durrett later learned the truck was reported stolen, attempted to arrest Escarcega, who broke free and fled on foot; Durrett pursued in his patrol car.
- Escarcega entered Durrett’s unoccupied patrol car (which contained weapons) during the chase; a struggle ensued, Durrett was tased/struck, the car crashed into a utility pole, and Durrett was injured.
- Durrett radioed for help. Officer Jordan arrived, saw Durrett injured and Escarcega very close by, and used kicks, punches, and baton strikes on Escarcega. Officer Edwards later arrived and punched and wrist-locked Escarcega until handcuffed.
- Escarcega continued to struggle, was sedated and taken to the hospital where he was diagnosed with fractured ribs. He sued Jordan and Edwards under 42 U.S.C. § 1983 claiming excessive force.
- The district court granted summary judgment to the officers on qualified immunity; the Fifth Circuit affirmed, concluding no genuine dispute that force was reasonable under the circumstances and video evidence contradicted Escarcega’s account.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jordan and Edwards used excessive force, defeating qualified immunity | Escarcega: officers used excessive, unreasonable force causing injury (fractured ribs) | Officers: force was reasonable given Escarcega’s dangerous offenses, proximity to injured officer and patrol-car weapons, and active resistance | Court: Held officers entitled to qualified immunity; force was reasonable and video contradicted Escarcega’s version |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (video evidence can contradict and overcome plaintiff’s version of events)
- Graham v. Connor, 490 U.S. 386 (objective-reasonableness test for excessive-force claims)
- Rogers v. Bromac Title Servs., L.L.C., 755 F.3d 347 (summary judgment standard review)
- Brauner v. Coody, 793 F.3d 493 (plaintiff’s burden to negate qualified immunity)
- Cooper v. Brown, 844 F.3d 517 (elements of excessive-force claim)