Stephen Benavides v. Harris County, Texas

Houston, Texas, personal injury lawyer represented the Plaintiff on civil rights violation theories under 42 U.S.c. 1983.<br>
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On December 26, 2019, at approximately 7:19 p.m., Deputy Jose Nunez of the Harris County Sheriff's Office responded to a 911 call reporting a suspected in-progress home invasion. The caller, Sandra Garibay, informed the dispatcher that she had locked herself and her young children in an upstairs bedroom. She likewise informed the dispatcher that she also had<br>
called her father, Stephen Benavides, who was en route. Arriving before the police, Benavides parked his truck on the lawn near the front door of the house and ultimately determined that there actually was no intruder. Unfortunately, however, this information was not timely communicated to the in-transit, responding deputies. And shortly after arriving at Garibay's home, Deputy Nunez—still unaware of the changed circumstances—shot Benavides, who was unarmed, when the two men unexpectedly met at the house's front door.<br>
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Thereafter, Benavides sued Nunez, pursuant to 42 U.S.C. § 1983, alleging excessive force, and Harris County, pursuant to the Texas Tort Claims Act ("TTCA”), asserting vicarious liability for Nunez's alleged negligence. Contending that he had discharged his firearm accidentally, rather than purposely, Deputy Nunez sought summary judgment on grounds of qualified immunity. Harris County also sought summary judgment against Benavides, as- serting state-law immunities, i.e., governmental immunity and official immunity.<br>
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Finding Nunez's intent to be a genuinely disputed material fact, the district court denied his motion in an eight-page "Memorandum Opinion and Order.” Nunez sought interlocutory review but the panel, concluding it lacked jurisdiction, dismissed the appeal. See Benavides v. Nunez, 144 F.4th 751 (5th Cir. 2025).

Appeal dismissed.