Herrera v. Acevedo

Type

Opinion

Per curiam

Yes — no individual author

Filed

Dec. 9, 2022

Case

Herrera v. Acevedo

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

Case: 21-20520 Document: 00516573711 Page: 1 Date Filed: 12/09/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 9, 2022 No. 21-20520 Lyle W. Cayce Clerk Domingo Herrera, Plaintiff—Appellee, versus Art Acevedo, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CV-2083 Before King, Stewart, and Haynes, Circuit Judges. Per Curiam:* Domingo Herrera filed this suit pursuant to 42 U.S.C. § 1983 against the City of Houston, Houston Police Chief Art Acevedo, and several Houston Police Department (HPD) officers, alleging that his First, Fourth, and Fourteenth Amendment rights were violated when he was arrested during a protest in Houston. The defendants moved to dismiss Herrera’s claims pursuant to Federal Rule of Civil Procedure 12(b)(6) and the district * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-20520 Document: 00516573711 Page: 2 Date Filed: 12/09/2022 No. 21-20520 court denied the motion. This interlocutory appeal followed. Because we agree with the district court’s determination that Herrera has pled a claim for reli…

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