EPISODE · Jun 26, 2025 · 13 MIN
Salinas v. City of Houston: Qualified Immunity Upheld
from Swear on the Stand · host Daniel W. Swear
This episode on Salinas v. City of Houston, details an appeal before the United States Court of Appeals for the Fifth Circuit concerning the fatal shooting of David Salinas by Houston police officers. The plaintiff, Brittany Salinas, argued that the officers used excessive force and that the City of Houston was liable. The court affirmed the lower court's dismissal of all claims, finding that the officers had reasonable suspicion to detain Salinas and did not violate his Fourth Amendment rights regarding excessive force, as a reasonable officer could have perceived him as an immediate threat. Furthermore, the court concluded that the City of Houston could not be held liable under 42 U.S.C.S. § 1983 due to the absence of an underlying constitutional violation, and was entitled to sovereign immunity under the Texas Tort Claims Act.
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Salinas v. City of Houston: Qualified Immunity Upheld
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