Opinion

Dawes v. City of Dallas

Court
Court of Appeals for the Fifth Circuit
Filed
Jun 10, 2026
Status
Unpublished
Nature of suit
Civil Rights
Cited by
0 cases
Authority
More cited than 40.9%

The opinion

Case: 25-10979 Document: 75-1 Page: 1 Date Filed: 06/10/2026

United States Court of Appeals

for the Fifth Circuit

United States Court of Appeals

Fifth Circuit

____________ FILED

June 10, 2026

No. 25-10979 Lyle W. Cayce

____________ Clerk

Mary Dawes, Individually and the Administrator of the Estate of

Decedent Genevive A. Dawes; Alfredo Saucedo; Virgilio

Rosales,

Plaintiffs—Appellants,

versus

City of Dallas,

Defendant—Appellee.

______________________________

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:17-CV-1424

______________________________

Before King, Higginson, and Duncan, Circuit Judges.

Per Curiam: *

Genevive Dawes and Virgilio Rosales were sleeping in their van in a

Dallas apartment complex parking lot when six Dallas Police Department

officers surrounded the vehicle in response to a suspicious-vehicle call.

Awakened by lights, sirens, and shouted commands in the early morning

hours, Dawes reversed slowly and collided with a police cruiser. Officers

_____________________

*

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

Case: 25-10979 Document: 75-1 Page: 2 Date Filed: 06/10/2026

No. 25-10979

Christopher Hess and Jason Kimpel ultimately fired thirteen rounds through

the passenger window, killing Dawes and injuring Rosales. Rosales, Dawes’s

estate, and Dawes and Rosales’s children sued the City of Dallas for failure

to train under Monell 1 and the officers for excessive force under the Fourth

Amendment. Both claims were brought pursuant to 42 U.S.C. § 1983.

A prior panel of our court affirmed the district court’s grant of

qualified immunity to the individual officers on the ground that the law was

not clearly established. Dawes v. City of Dallas, No. 22-10876, 2024 WL

2268529, at *1 (5th Cir. May 20, 2024) (per curiam). The panel remanded

the Monell failure-to-train claim against the City for further proceedings. Id.

at *4.

On remand, the district court entered summary judgment for the City

based on Bustillos v. El Paso County Hospital District, 891 F.3d 214, 222 (5th

Cir. 2018), reasoning that plaintiffs could not establish deliberate

indifference—and thus could not sustain their failure-to-train claim—absent

clearly established law. 2

Bustillos compels affirmance, and we are bound by that decision under

our rule of orderliness. Sprong v. Fid. Nat’l Prop. & Cas. Ins. Co., 787 F.3d

296, 305 (5th Cir. 2015).

AFFIRMED.

_____________________

1

Monell v. City of New York, 436 U.S. 658 (1978).

2

The district court also found no underlying constitutional violation. We do not

address that issue.

2

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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