Filed: Nov. 03, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 20, 2005 Charles R. Fulbruge III Clerk No. 05-30066 Summary Calendar SHIRLEY FRANCIS, on behalf of her minor child, Sherrod Francis, Plaintiff-Appellant, versus C. JAMES CHRISTY, Etc.; ET AL., Defendants, C. JAMES CHRISTY, Individually and As Chief of Police of the City of Morgan City; GARY PEDERSON, individually and In His Official Capacity as a Police Officer for the City
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 20, 2005 Charles R. Fulbruge III Clerk No. 05-30066 Summary Calendar SHIRLEY FRANCIS, on behalf of her minor child, Sherrod Francis, Plaintiff-Appellant, versus C. JAMES CHRISTY, Etc.; ET AL., Defendants, C. JAMES CHRISTY, Individually and As Chief of Police of the City of Morgan City; GARY PEDERSON, individually and In His Official Capacity as a Police Officer for the City o..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 20, 2005
Charles R. Fulbruge III
Clerk
No. 05-30066
Summary Calendar
SHIRLEY FRANCIS, on behalf of her
minor child, Sherrod Francis,
Plaintiff-Appellant,
versus
C. JAMES CHRISTY, Etc.; ET AL.,
Defendants,
C. JAMES CHRISTY, Individually and As Chief of Police
of the City of Morgan City; GARY PEDERSON, individually
and In His Official Capacity as a Police Officer for the
City of Morgan City; CITY OF MORGAN CITY,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
(6:03-CV-914)
--------------------
Before JONES, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Shirley Francis, on behalf of her minor
son, Sherrod Francis, appeals from the district court’s order
granting summary judgment to Defendants-Appellees based on
qualified immunity from a § 1983 claim of excessive force. We
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 CIR. R. 47.5.4.
review the district court’s order de novo. Cousin v. Small,
325
F.3d 627, 637 (5th Cir.), cert. denied,
540 U.S. 826 (2003).
Francis argues that Officer Gary Pederson unlawfully detained
Sherrod and used excessive force during an encounter at a Wal-Mart
store. A review of the record indicates that the district court
did not err in determining that Pederson’s actions were objectively
reasonable under the circumstances as Pederson, who identified
himself as an officer, attempted to prevent Sherrod from leaving
the store after Sherrod had beaten another boy with a belt.
Sherrod was verbally hostile, actively resisted, tried to strike
Pederson, and attempted to flee the scene. See Graham v. Connor,
490 U.S. 386, 396-97 (1989); Gutierrez v. City of San Antonio,
139
F.3d 441, 447 (5th Cir. 1998).
Francis has not briefed either the claims raised in the
district court against the City of Morgan City and Chief C. James
Christy or the state law claims. Accordingly, those claims are
deemed abandoned. See Cinel v. Connick,
15 F.3d 1338, 1345 (5th
Cir. 1994).
AFFIRMED.
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