Case Explained: Clifford F. Tuttle, Jr., as Representative of the Estate of Dennis W. Tuttle, Deceased; Robert Tuttle; Ryan Tuttle; Jo Ann Nicholas; John Nicholas Plaintiffs— v. Felipe Gallegos Defendant—Appellant Jo Ann Nicholas

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-29 The Fifth Circuit reversed the district court’s denial of summary judgment, holding that Officer Felipe Gallegos is entitled to qualified immunity for the deaths of Dennis Tuttle and Rhogena Nicholas. The court applied the two-step qualified immunity analysis under 42 U.S.C. § 1983: first determining whether a constitutional right was violated, and second, whether that right was clearly established at the time of the incident. The court concluded that Gallegos did not violate the Fourth Amendment because his use of deadly force was objectively reasonable under the circumstances. In reaching this conclusion, the court applied the *Graham v. Connor* standard, which requires assessing whether an officer’s actions were reasonable from the perspective of a reasonable officer on the scene, rather than with the benefit of hindsight. The court emphasized that in tense, uncertain, and rapidly evolving situations involving an active gunfight where multiple officers had been shot, officers must make split-second judgments about threats. Regarding Nicholas, the court found that even viewing facts in the light most favorable to the plaintiffs, a reasonable officer would have perceived her as posing a threat of serious physical harm given her proximity to a wounded officer and her movement away from the couch. Regarding Tuttle, the court held that although a factual dispute existed regarding whether his injuries incapacitated him, Gallegos could not have known this because Tuttle’s back was turned and he continued to move, meaning a reasonable officer would still perceive a threat. The court further rejected plaintiffs’ arguments based on video evidence and expert testimony, ruling that these materials blatantly contradicted the plaintiffs’ version of events or did not establish material facts sufficient to defeat summary judgment under *Scott v. Harris*. As a practical consequence, the Fifth Circuit’s reversal mandates that the case be remanded with instructions to enter summary judgment in favor of Officer Gallegos on the excessive force claims, effectively granting him immunity from liability for damages. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.