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Shaw v. Villanueva No. 17-50937

http://www.ca5.uscourts.gov/opinions/pub/17/17-50937-CV0.pdf

Before JONES, BARKSDALE, and WILLETT, Circuit Judges.

REVERSED. (March 11, 2019).

Kyle Shaw filed suit alleging that the county sheriff and others had conspired to violate his civil rights in an action arising from the political feud in Karnes County, Texas. The Fifth Circuit reverses the District Court’s denial of qualified immunity to the county sheriff and the deputy sheriff. Applying the independent-intermediary doctrine, the Court decides that the District Court erred in denying qualified immunity to defendants given Shaw’s bare-bones allegations that defendants arrested him purely because of their political feud with Shaw’s wife. The Court further holds that Shaw’s 42 U.S.C. 1985 claim failed because he failed to allege facts sufficient to show an actual deprivation of his rights. Finally, Shaw’s conspiracy to violate 42 U.S.C. 1983 claim failed because he only put forth legal allegations, unsupported by sufficient factual content, that were insufficient to state a plausible claim for relief.

On Appeal from the United States District Court for the Western District of Texas (Samuel Fred Biery, Jr.).
Attorney for Appellant – Kevin D. Cullen, Victoria, TX
Attorney for Appellee – Mark Anthony Sanchez, Sr., San Antonio, TX

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