Recent Fifth Circuit Court of Appeals Victory

November 15, 2019 by Brown Fox

On August 5, 2019, Brown Fox Partner Darrell Noga appeared before the United States Court of Appeals for the Fifth Circuit in New Orleans to argue in opposition to the plaintiff’s appeal of the trial court’s grant of summary judgment to the firm’s client,  City of Cedar Hill Police Sergeant David Podany. The case involved an arrest in a school setting which was made by Sergeant Podany to address an apparent threat to school staff and students. The plaintiff alleged wrongful arrest and excessive force in violation of his Fourth Amendment rights. The trial court granted summary judgment and held that Sergeant Podany was entitled to qualified immunity. After Mr. Noga had argued the case to a panel of Circuit Judges Clement, Haynes and Willett this past August, the Court of Appeals released its unpublished opinion on November 14, 2019.   The Court of Appeals affirmed the trial court’s grant of summary judgment, finding Sergeant Podany was entitled to qualified immunity. Brown Fox associates Christopher Klement and Christina Gigliotti were significant contributors to the appellate victory and assisted with extensive briefing, research and preparation in connection with the oral argument.