Hinojosa v. City of Terrell

Full title: GUADALUPE R. HINOJOSA, PLAINTIFF-APPELLEE, v. THE CITY OF TERRELL, TEXAS…

Court: United States Court of Appeals, Fifth Circuit

No. 86-1777.

Date published: Jan 6, 1988

Fact:

Plaintiff-appellee Guadalupe Hinojosa (Hinojosa) sued the City of Terrell and four of its police officers, alleging civil rights violations pursuant to 42 U.S.C. §§ 1981, 1983, 1985 1986, and several pendent state law claims. The district court entered judgment on a jury verdict finding that defendant-appellant police officer Ron Jones had used excessive force against Hinojosa “in the course of an arrest” and that he had assaulted Hinojosa, and denied Jones’ post-verdict motions seeking judgment notwithstanding the verdict or a new trial. Jones appeals from the court’s post-trial rulings. Finding no evidence to support the jury verdict in favor of Hinojosa, we reverse the district court’s denial of Jones’ motion for a new trial, and remand for a new trial on Hinojosa’s excessive use of force claim under section 1983, and on his state law assault claim, against Jones.

Issue:

Conclusion:

Because we conclude that there was no evidence to support the jury verdict against Jones, either for use of excessive force under section 1983 or for assault under Texas law, we REVERSE the district court’s denial of Jones’ motion for new trial, and REMAND for a new trial on these two claims against Jones.

REVERSED and REMANDED.

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