Simmons v. City of Paris, Tex., 2005 WL 913303 (E.D.Tex. Apr 21, 2005) (NO. 3:02-CV-61)
Judge: Leonard Davis
Ruling: Defendant's Motion for Summary Judgment GRANTED.
This is a "wrong address" case where law enforcement officers searching for a drug dealer executed a search warrant at the wrong house. Plaintiffs filed this 1983 action in response. Judge Davis previously granted the individual officers' motion for summary judgment based on qualified immunity as to their entrance into the Plaintiffs' home, however, finding issues of material fact, he denied the individual officers' motion as to the length of time they remained in Plaintiffs' home. The Fifth Circuit affirmed that decision except as to two officers who did not enter the home. See Simmons v. City of Paris, Tex., 378 F.3d 476 (5th Cir.2004). Judge Davis then dismissed all claims against those two officers, and Lamar County now moved for summary judgment. Judge Davis granted the summary judgment, finding that the plaintiffs had not raised a genuine issue of material fact as Lamar County's municipal liability.