# Brown v. Quian

> Court of Appeals for the Fifth Circuit · August 18, 2023

URL: https://www.frixlaw.com/law-library/cases/9556796

## Case

- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 18, 2023
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Nature of suit:** Prisoner w/ out Counsel
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Case: 23-20083 Document: 00516862919 Page: 1 Date Filed: 08/18/2023

United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________
FILED
August 18, 2023
No. 23-20083
Summary Calendar Lyle W. Cayce
____________ Clerk

Avivia Luciana Brown,

Plaintiff—Appellee,

versus

S. H. Quian, Officer; P. T. Rubio, Officer,

Defendants—Appellants.
______________________________

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CV-862
______________________________

Before Wiener, Stewart, and Douglas, Circuit Judges.
Per Curiam:*
The defendants in this interlocutory appeal challenge the district
court’s denial, in part, of their motion to dismiss Avivia Luciana Brown’s
42 U.S.C. § 1983 complaint. In support of their appeal, the defendants
contend that, contrary to the district court’s ruling, Brown did not allege
facts showing that they violated her constitutional rights, they were entitled

_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-20083 Document: 00516862919 Page: 2 Date Filed: 08/18/2023

No. 23-20083

to qualified immunity, and Brown’s claims were barred by Heck v. Humphrey,
512 U.S. 477 (1994). We have jurisdiction to review these arguments. See
Poole v. City of Shreveport, 13 F.4th 420, 426 (5th Cir. 2021); Armstrong v.
Ashley, 918 F.3d 419, 422 (5th Cir. 2019).
Accepting Brown’s allegations as true and in a light most favorable to
her, see Ramirez v. Guadarrama, 3 F.4th 129, 133 (5th Cir. 2021), the district
court did not err in determining that Brown had stated a claim for relief under
the Fourth Amendment and that the defendants’ alleged actions were
objectively unreasonable in light of clearly established law, see Ramirez v.
Martinez, 716 F.3d 369, 379 (5th Cir. 2013); Newman v. Guedry, 703 F.3d 757,
763-64 (5th Cir. 2012); Spann v. Rainey, 987 F.2d 1110, 1112, 1115 (5th Cir.
1993). Last, the district court correctly determined that Heck has no bearing,
given the finding that the prosecutor dismissed the criminal charge against
Brown before trial, and the prosecution against Brown in state court ended
without a conviction. See Heck, 512 U.S. at 486-87.
Accordingly, the district court’s ruling is AFFIRMED.

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9556796. Public record. Not legal advice.