Aguillard v. Mcgowen

Appeals from the United States District Court for the Southern District of Texas Appellants Joseph K. McGowen (""McGowen"") and Harris County, Texas (""the County"") appeal from a jury verdict holding them liable for the wrongful death of Susan Harrison White (""White"") pursuant to 42 U.S.C. § 1983. The district court, giving preclusive effect to McGowen's Texas state criminal conviction for murder, forbade McGowen to present evidence on the issue of excessive force. Because the state court of appeals reversed McGowen's criminal conviction on appeal, we vacate and remand for a new trial on the merits. We further determine, pursuant to our sufficiency of the evidence analysis, that insufficient evidence supports the County's liability, and we therefore reverse and dismiss the County from the suit. Finally, we hold that White's sisters, appellees Sandra Harrison (""Harrison"") and Gloria Hamilton (""Hamilton"") lack standing in their individual capacities, and we thus dismiss them from the suit as individual plaintiffs. I. Factual and Procedural Background McGowen began working as a deputy for the Harris County Sheriff's Department on October 4, 1990. Sometime thereafter, the Sheriff's Department assigned him to patrol the Olde Oakes subdivision, where White, and her son, appellee Jason Aguillard (""Aguillard""), lived. Though the details are unclear, McGowen engaged in conduct during his patrol that White characterized as sexual harassment.