Ontiveros v. City of Rosenberg

On Sunday, October 17, 2004, police officer Logan fatally shot Modesto Ontiveros while executing a warrant for his arrest. The plaintiffs, surviving family members, brought the current action under 42 U.S.C. § 1983, asserting that Logan used excessive force and that his actions were ratified by the City when it reinstated and later promoted him to lieutenant. In a detailed and well-reasoned opinion, the district court granted summary judgment in favor of Lt. Logan and the City, finding that Lt. Logan had not used excessive force, that the officer was alternatively entitled to qualified immunity, and that the City was not liable. Because the Appellants have failed to raise a genuine issue of material fact surrounding the events in question, we affirm.