Opinion

Sanchez v. Griffis

Court
Court of Appeals for the Fifth Circuit
Filed
Nov 17, 2023
Status
Unpublished
Nature of suit
Prisoner w/ out Counsel
Cited by
0 cases
Authority
More cited than 14.3%

The opinion

Case: 21-51160 Document: 00516972189 Page: 1 Date Filed: 11/17/2023

United States Court of Appeals

for the Fifth Circuit

United States Court of Appeals

Fifth Circuit

FILED

____________

November 17, 2023

No. 21-51160 Lyle W. Cayce

____________ Clerk

Cruz E. Sanchez,

Plaintiff—Appellant,

versus

Sheriff Mike Griffis; Chief Deputy Mancha;

Captain McNeil; Lieutenant Durham;

Sergeant Galvan; Corporal Garcia; Officer Salgado;

Officer Ibarra,

Defendants—Appellees.

______________________________

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:20-CV-269

______________________________

Before Jones, Barksdale, and Elrod, Circuit Judges.

Per Curiam: *

Appellant Cruz E. Sanchez, proceeding pro se on appeal, was injured

during an encounter with Officers Benjamin Salgado and Nicholas Ybarra at

Ector County Detention Center, where he was a pretrial detainee. He sued

_____________________

*

Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited circumstances set

forth in 5th Circuit Rule 47.5.4.

Case: 21-51160 Document: 00516972189 Page: 2 Date Filed: 11/17/2023

No. 21-51160

several officers, including Officers Salgado and Ybarra, under 42 U.S.C.

§ 1983. His complaint included claims for excessive force and failure to

supervise and also sought criminal prosecution of Officers Salgado and

Ybarra. The district court granted summary judgment to the Officers on all

federal claims and declined to consider any state law claims Sanchez may

have asserted. Sanchez appealed. 1

This court reviews a district court’s grant of a motion for summary

judgment de novo. Linbrugger v. Abercia, 363 F.3d 537, 540 (5th Cir. 2004).

The summary judgment evidence in this case includes footage of the

incident. Because video evidence is available, the court is required to “view[]

the facts in the light depicted by the videotape.” Scott v. Harris, 550 U.S.

372, 381, 127 S. Ct. 1769, 1776 (2007).

Government officials “are entitled to qualified immunity . . . unless

(1) they violated a federal statutory or constitutional right, and (2) the

unlawfulness of their conduct was clearly established at the time.” District

of Columbia v. Wesby, 583 U.S. 48, 62–63, 138 S. Ct. 577, 589 (2018) (internal

quotation marks and citation omitted). To prevail on an excessive force

claim, a plaintiff must show “that the force purposely or knowingly used

against him was objectively unreasonable.” Kingsley v. Hendrickson, 576 U.S.

389, 397, 135 S. Ct. 2466, 2473 (2015). As a pretrial detainee, Sanchez “can

prevail by providing only objective evidence that the challenged

governmental action is not rationally related to a legitimate governmental

objective or that it is excessive in relation to that purpose.” Id. at 398,

135 S. Ct. at 2473–74. Factors relevant to a determination of reasonableness

include the relationship between the need for the use of force and the amount

_____________________

1

Sanchez has filed several motions in this court, including one to appoint counsel

and several seeking production of documents and other evidence. These motions are

DENIED.

2

Case: 21-51160 Document: 00516972189 Page: 3 Date Filed: 11/17/2023

No. 21-51160

of force used, efforts to temper or to limit force, the threat reasonably

perceived by the officer, the extent of the plaintiff’s injury, and whether the

plaintiff was resisting. Id. at 397, 135 S. Ct. at 2473.

Sanchez was classified as a maximum-security inmate due to his

extensive criminal history and several infractions (for “erratic,

uncooperative, and, in some cases, threatening behavior”) he committed

before the incident. Because of his erratic and aggressive behavior, Sanchez

was required to be handcuffed and shackled whenever he was transported to

the medical office to receive treatment for his diabetes. The day of the

incident, Sanchez refused to be handcuffed for medical transport. It was only

after Sanchez persisted in his refusals, walking briskly toward the medical

office with his hands free, that Officer Salgado performed a takedown

maneuver. The process of handcuffing Sanchez included Officer Salgado

striking Sanchez twice on the side so that he would remove his hands from

under his torso. After Officer Salgado, with the help of Officer Ybarra,

handcuffed Sanchez and pulled him to his feet, the two Officers again

attempted to transport Sanchez to the medical office. As they approached

the office, however, Sanchez began pulling away from Officer Ybarra in an

apparent attempt to free himself. This resulted in his again being taken to

the ground.

Sanchez has failed to raise a fact issue on the reasonableness of force

the Officers used to subdue him. His disobedience of orders and his history

of erratic and aggressive behavior, including on the day of the incident,

indicate that the force was not objectively unreasonable, as the district court

concluded. The Officers are therefore entitled to qualified immunity as to

Sanchez’s excessive force claim.

As to Sanchez’s other claims, he certainly does not have a right to have

either Officer prosecuted for assault. Oliver v. Collins, 914 F.2d 56, 60 (5th

3

Case: 21-51160 Document: 00516972189 Page: 4 Date Filed: 11/17/2023

No. 21-51160

Cir. 1990). And because his underlying claim for excessive force fails, any

claims for bystander liability, supervisory liability, municipal liability, or

conspiracy also fail. See Whitley v. Hanna, 726 F.3d 631, 648–49 (5th Cir.

2013); Hale v. Townley, 45 F.3d 914, 921 (5th Cir. 1995). Nor will Sanchez’s

First Amendment claim be considered, as it was raised for the first time on

appeal. See Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir.

1999). Finally, Sanchez forfeited any argument as to dismissal without

prejudice of his state law claims by failing to brief it on appeal. See Biziko v.

Van Horne, 981 F.3d 418, 419 (5th Cir. 2020).

The district court’s grant of summary judgment is AFFIRMED.

4

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.