“[C]onclusory allegations and assertions” are insufficient to defeat the invocation of qualified immunity. Hernandez v. City of Lubbock, Tex., 634 Fed.Appx. 119, 121 (5th Cir. 2015), as revised (Dec. 28, 2015). The two-part test for qualified immunity requires the Court to determine: (1) whether defendants' actions violated the plaintiff's constitutional rights; and (2) whether those rights were clearly established at the time of the defendant's actions. Pearson v. Callahan, 555 U.S. 223 (2009).
"[N]umerous courts . . . have held that police officers do not act unreasonably in forcing an individual to lean over his or her patrol car when the officer believes it necessary to gain control." Hernandez v. City of Lubbock, 634 F. App'x 119, 122 (5th Cir. 2015). It follows that the soft empty hand techniques that Kowalzek used while leaning Perry against the police cruiser were not unreasonable when applied to a suspect resisting being placed in handcuffs.
A police officer has probable cause to stop an individual who he observes as illegally jaywalking. Hernandez v. City of Lubbock, Tex., 634 F. App'x 119, 122 (5th Cir. 2015). The City of San Antonio prohibits a pedestrian from crossing a roadway other than in a crosswalk.