EPISODE · Aug 5, 2026 · 47 MIN
Tuttle v. Gallegos: Qualified Immunity in the Harding Street Raid
from Swear on the Stand · host Daniel W. Swear
This Fifth Circuit Court of Appeals opinion addresses a high-profile qualified immunity case involving Officer Felipe Gallegos and the fatal 2019 Harding Street raid. The court reviewed whether Gallegos used excessive force when he shot and killed Dennis Tuttle and Rhogena Nicholas during the execution of a no-knock warrant that was based on falsified police affidavits. Although the district court initially denied the officer's motion for summary judgment due to disputed facts, the appellate court reversed that decision. The judges determined that the officer's actions were objectively reasonable given the "tense, uncertain, and rapidly evolving" nature of the active gunfight. Ultimately, the court held that Gallegos did not violate the Fourth Amendment, granting him full immunity from the civil suit.
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Tuttle v. Gallegos: Qualified Immunity in the Harding Street Raid
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