Opinion

Sealey v. Mancias

Court
Court of Appeals for the Fifth Circuit
Filed
Aug 19, 2025
Status
Unpublished
Nature of suit
Civil Rights
Cited by
0 cases
Authority
More cited than 38.8%

first quoting Kisela v. Hughes, 584 U.S. 100, 104 (2018) (per curiam); and then quoting City of Tahlequah v. Bond, 595 U.S. 9, 13 (2021) (per curiam)

How later courts described this case

  • first quoting Kisela v. Hughes, 584 U.S. 100, 104 (2018) (per curiam); and then quoting City of Tahlequah v. Bond, 595 U.S. 9, 13 (2021) (per curiam)

Written by the judges who cited it.

The opinion

Case: 24-50998 Document: 69-1 Page: 1 Date Filed: 08/19/2025

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

____________ Fifth Circuit

FILED

No. 24-50998 August 19, 2025

Summary Calendar

Lyle W. Cayce

____________ Clerk

Samantha Lee-Ann Sealey,

Plaintiff—Appellant,

versus

Arturo Mancias; City of San Antonio,

Defendants—Appellees.

______________________________

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:24-CV-399

______________________________

Before Davis, Graves, and Wilson, Circuit Judges.

Per Curiam: *

Samantha Lee-Ann Sealey paid a late-night visit to a 7-Eleven in San

Antonio, Texas. A police officer with a warrant for Sealey’s arrest met her in

the parking lot with handcuffs. When the officer turned his back, she made a

break for it. In a foot chase, the officer drew close and Sealey fell face-first

onto the pavement, her hands still cuffed behind her back. Sealey says that

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50998 Document: 69-1 Page: 2 Date Filed: 08/19/2025

No. 24-50998

she was shoved and brought claims under 42 U.S.C. § 1983 for violations of

her Fourth Amendment rights. The district court concluded that the officer

was entitled to qualified immunity and dismissed Sealey’s complaint for

failure to state a claim. Sealey appeals. We AFFIRM.

I.

Sealey brought this action against Officer Arturo Mancias and the City

of San Antonio. 1 Her complaint pressed two Fourth Amendment claims: one

for excessive force against the officer and another for failure to train or

supervise against the City. Officer Mancias and the City filed motions to

dismiss under Rule 12(b)(6). Officer Mancias invoked qualified immunity,

while the City argued that the Monell 2 claim had not been sufficiently pled.

The district court granted those motions, and this appeal followed.

II.

In her opening brief, Sealey challenged the district court’s dismissal

of her excessive-force claim on qualified-immunity grounds. “Qualified

immunity shields federal and state officials from money damages unless a

plaintiff pleads facts showing (1) that the official violated a statutory or

constitutional right, and (2) that the right was ‘clearly established’ at the time

of the challenged conduct.” 3 Federal “courts have discretion to decide which

of the two prongs of qualified-immunity analysis to tackle first.” 4 Exercising

_____________________

1

Sealey’s original complaint also named the San Antonio Police Department as a

defendant. She later amended her complaint, dropping the Department as a party

defendant.

2

See generally Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978) (establishing

the criteria for municipal liability under § 1983).

3

Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (quoting Harlow v. Fitzgerald, 457 U.S.

800, 818 (1982)).

4

Id. (citing Pearson v. Callahan, 555 U.S. 223, 236 (2009)).

2

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No. 24-50998

that discretion, the district court resolved Sealey’s claim against Officer

Mancias on the second prong, holding that no clearly established Fourth

Amendment violation occurred. On de novo review, 5 we elect to begin with

the first.

A.

“An officer violates the Fourth Amendment when an arrestee suffers

an injury that results directly and only from a clearly excessive and objectively

unreasonable use of force.” 6 Because “police officers are often forced to

make split-second judgments,” we must not critique their actions “with the

20/20 vision of hindsight.” 7 Instead, the test is objective reasonableness. To

that end, a plaintiff must allege what a reasonable officer would have done

under the circumstances. 8 Sealey did not.

Sealey’s complaint states that Officer Mancias violated her Fourth

Amendment rights when he “unnecessarily pushed [her], rather than using

the appropriate level of force, de-escalating the situation and apprehending

[her] without inflicting serious physical injuries.” But “reasonableness . . .

does not necessarily or invariably turn on the existence of alternative ‘less

intrusive’ means.” 9 Accepting Sealey’s allegations as true, Officer

Mancias’s split-second decision to use force was reasonable to apprehend a

suspect in active flight. Sealey does not specify what superior alternative he

_____________________

5

See, e.g., Anderson v. Estrada, 140 F.4th 634, 641 (5th Cir. 2025).

6

Wilson v. City of Bastrop, 26 F.4th 709, 713 (5th Cir. 2022) (quoting Cloud v. Stone,

993 F.3d 379, 384 (5th Cir. 2021)).

7

Graham v. Connor, 490 U.S. 386, 396–97 (1989).

8

See Jackson v. Gautreaux, 3 F.4th 182, 188 (5th Cir. 2021).

9

Illinois v. Lafayette, 462 U.S. 640, 647 (1983).

3

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No. 24-50998

had. By failing to do so, she has failed to plausibly allege a Fourth Amendment

violation.

B.

Even if Sealey alleged a constitutional violation, it would not be clearly

established. “The clearly established inquiry is especially demanding for

excessive force claims.” 10 “The right may not be defined at a ‘high level of

generality’ because the question is ‘whether the violative nature of particular

conduct is clearly established.’” 11 “Rights are ‘clearly established’ when

‘existing precedent squarely governs the specific facts at issue,’ not when a

rule is merely ‘suggested by then-existing precedent.’” 12

Sealey asserts a right that prohibits an officer from “viciously”

pushing her “to the concrete ground” while evading arrest. But she identifies

no “controlling authority or . . . robust consensus . . . of persuasive

authority” suggesting that this right is of a constitutional dimension. 13

Instead, each case she cites recognizes a different right.

Sealey chiefly relies on Tennessee v. Garner, 471 U.S. 1 (1985). “At

most, Garner prohibits using deadly force against an unarmed burglary

suspect fleeing on foot who poses no immediate threat.” 14 And Garner did

_____________________

10

Santander v. Salazar, 133 F.4th 471, 480 (5th Cir. 2025) (citation modified).

11

Id. (quoting al-Kidd, 563 U.S. at 742).

12

Henderson v. Harris County, 51 F.4th 125, 132 (5th Cir. 2022) (first quoting Kisela

v. Hughes, 584 U.S. 100, 104 (2018) (per curiam); and then quoting City of Tahlequah v.

Bond, 595 U.S. 9, 13 (2021) (per curiam)).

13

District of Columbia v. Wesby, 583 U.S. 48, 63 (2018) (quoting al-Kidd, 563 U.S.

at 741–42).

14

Harmon v. City of Arlington, 16 F.4th 1159, 1167 (5th Cir. 2021).

4

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No. 24-50998

not address whether a “vicious” shove amounted to deadly force. So, Garner

is of no help.

Sealey’s circuit cases fare no better. See Singleton v. Casanova, No. 22-

50327, 2024 WL 2891900, at *8 (5th Cir. June 10, 2024); Aguirre v. City of

San Antonio, 995 F.3d 395, 414 (5th Cir. 2021); Mason v. Lafayette City-Par.

Consol. Gov’t, 806 F.3d 268, 276–77 (5th Cir. 2015); Gaillard v. Commins, 562

F. App’x 870, 876–77 (11th Cir. 2014). She cites those authorities for the

proposition that Officer Mancias’s conduct constituted an “obvious”

constitutional violation under Garner. Sealey has identified no judicial

opinion—and we have found none—involving even remotely similar facts to

those presented here which would’ve placed Officer Mancias on notice that

his conduct violated a constitutional right. Nor does the rule of Garner,

discussed above, and that case’s progeny impel the conclusion that an officer

may not shove a fleeing suspect to the ground. Therefore, accepting Sealey’s

account of the facts, this case falls short of the “sky high” standard of

obviousness. 15 Because Sealey’s proffered right was not clearly established,

the district court properly concluded that Officer Mancias was shielded by

qualified immunity and dismissed the § 1983 claim against him.

III.

Sealey also raised a late challenge to the district court’s dismissal of

her Monell claim against the City in her reply brief. But because her opening

brief made no mention of that issue, she forfeited her opportunity to argue

against the dismissal of that claim. 16

_____________________

15

Joseph ex rel. Est. of Joseph v. Bartlett, 981 F.3d 319, 337 (5th Cir. 2020).

16

See, e.g., Guillot ex rel. T.A.G. v. Russell, 59 F.4th 743, 751 (5th Cir. 2023).

5

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No. 24-50998

IV.

The judgment of the district court is AFFIRMED.

6

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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