Ramos v. Erwin

Case: 24-20164 Document: 63-1 Page: 1 Date Filed: 12/09/2024

United States Court of Appeals for the Fifth Circuit

____________ United States Court of Appeals

Fifth Circuit No. 24-20164 FILED

December 9, 2024

____________

Lyle W. Cayce Alberto Ramos, Clerk

Plaintiff—Appellee, versus

Scott Erwin; Jennifer Gilbreath; Hallie Smith; Frederick Morrison; Gino Dago,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23-CV-2517

______________________________

Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: *

Alberto Ramos sued various police officers for false arrest and exces- sive force arising out of an encounter that took place in Houston, Texas dur- ing the early morning hours of July 11, 2021. According to the allegations in Ramos’s complaint, which we must accept as true, some of the officers tack- led him without reasonable suspicion or probable cause, and afterwards other Case: 24-20164 Document: 63-1 Page: 2 Date Filed: 12/09/2024

No. 24-20164 officers used excessive force to restrain him. After the district court partially denied the officers’ motion to dismiss based on qualified immunity, the offic- ers appealed.

Having reviewed the record and the parties’ briefs, and having heard oral argument, we affirm essentially for the reasons stated in the district court’s opinion.

AFFIRMED.