Kitchen v. Dallas County Texas, et al.

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Plaintiff, the widow of the deceased, filed suit under 42 U.S.C. 1983, alleging claims that individual defendants used excessive force against her husband and that defendants acted with deliberate indifference to his medical needs. On appeal, plaintiff challenged the district court's grant of summary judgment as to all of plaintiff's claims. The court concluded that the record presented genuine issues of material fact from which a jury could conclude that excessive force was used against the husband. Therefore, the court reversed and remanded for the district court to consider in the first instance whether any or all of the individual defendants may proceed to trial on a theory of direct liability for use of force or, in the alternative, on a theory of bystander liability. The district court should also consider whether individual defendants are entitled to qualified immunity. The court affirmed the district court's grant of summary judgment in regards to the deliberate indifference claim and the municipal liability claim for failing to provide adequate training. View "Kitchen v. Dallas County Texas, et al." on Justia Law