Leslie Hendershot v. Dustin Slovacek

Summary

The Fifth Circuit affirmed the summary-judgment dismissal of Leslie Hendershot's 42 U.S.C. § 1983 claims against law-enforcement officers and physicians. The court held that record evidence blatantly contradicted Hendershot's account of being shot and therefore defeated his excessive-force and medical-treatment claims. The court also rejected challenges concerning official-capacity claims, hospital surveillance footage, appointment of counsel, and supplemental attachments, and denied the pending motions.

Holdings

1. Summary judgment was proper because the record evidence blatantly contradicted Hendershot's version of events, so no reasonable jury could believe his assertions and he could not establish a genuine dispute concerning a violation of clearly established law.
2. Summary judgment was proper on Hendershot's claims against the doctors because the record evidence contradicted his account of having gunshot wounds, leaving no genuine dispute of material fact.
3. The dismissal of the official-capacity claims against Slovacek was not disturbed because Hendershot failed to brief the issue and thereby effectively abandoned it; the district court had dismissed those claims as barred by sovereign immunity.
4. The district court did not abuse its discretion by denying Hendershot's motion for production of the hospital surveillance footage.

Questions Presented

1. Whether summary judgment was proper on Hendershot's excessive-force claims against the officers in their individual capacities.
2. Whether summary judgment was proper on Hendershot's claims against the doctors for allegedly failing to diagnose and treat gunshot wounds.
3. Whether the official-capacity claims against Slovacek were properly dismissed as barred by sovereign immunity.
4. Whether the district court abused its discretion by denying Hendershot's motion to obtain hospital surveillance video.
5. Whether the Fifth Circuit should grant Hendershot's motions for appointment of counsel and leave to file supplemental attachments.

Disposition

affirmed