Fraire v. City of Arlington and James W. Lowery - United States Court of Appeals for the Fifth Circuit

Fraire v. City of Arlington and James W. Lowery

By United States Court of Appeals for the Fifth Circuit

  • Release Date: 1992-04-10
  • Genre: Law

Description

In this 42 U.S.C. § 1983 action, the Plaintiffs-Appellants, successors of the late Javier Fraire (Fraire), appeal from the decision of the district court dismissing their claims against Defendants-Appellees, police officer James W. Lowery, Jr. (Lowery) and the City of Arlington, Texas (Arlington), for Lowerys alleged use of unconstitutionally excessive force in the shooting death of Fraire. Agreeing with the district court that Lowery was qualifiedly immune, and that the Plaintiffs failed to plead their claims against Arlington with sufficient particularity or to present summary judgment evidence to place material facts in issue, we affirm.

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