Justia Civil Procedure Opinion Summaries

Denver police arrested Marvin Booker on a warrant for failure to appear at a hearing regarding a drug charge. During booking, Booker died while in custody after officers restrained him in response to alleged insubordination. Several officers pinned Booker face-down to the ground, one placed him in a chokehold, and another tased him. The officers sought medical help for Booker, but he could not be revived. Booker’s estate sued Deputies Faun Gomez, James Grimes, Kyle Sharp, Kenneth Robinette, and Sergeant Carrie Rodriguez, alleging they used excessive force and failed to provide Booker with immediate medical care. Defendants moved for summary judgment on qualified immunity grounds. The district court denied their motion because disputed facts precluded summary judgment. The Defendants appealed, but finding no reversible error, the Tenth Circuit affirmed. View "Estate of Marvin L. Booker, et al v. Gomez, et al" on Justia Law

Plaintiff filed suit against Bailey in Texas state court, alleging racial discrimination and retaliation claims under state law. Plaintiff then filed an amended petition in state court, adding claims for racial discrimination and retaliation under federal laws. Plaintiff then removed the case to federal court based on the newly asserted federal-law claims. The district court granted Bailey's motion to dismiss. The court held that the Texas statute applied here to determine whether plaintiff's amended petition filed in state court related back to the date of his original petition. In this case, the amended petition did not relate back under the Texas statute because the claims set forth in plaintiff's original petition were barred when filed. Accordingly, the district court did not err in concluding that the claims asserted therein were barred by the applicable statutes of limitations. Accordingly, the court affirmed the judgment of the district court. View "Taylor v. Bailey Tool & Manufacturing Co." on Justia Law