Shipman v. Sowell

1 Citing case

  1. Jimerson v. Lewis

    Civil Action No. 3:20-CV-2826-L-BH (N.D. Tex. Apr. 1, 2021)

    They also allege that "on the occasion in question," Defendants were "agents and/or servants and/or employees of one or more state and/or county and/or local law enforcement agencies in North Texas[.]" (doc. 16 at 3, 5, 10, 18-20, 22-24, 46.) Defendants' attempted execution of a search warrant was within the general scope of their employment as law enforcement officers of the WPD. See Shipman v. Sowell, No. 4:16-CV-00692, 2018 WL 918904, at *3 (S.D. Tex. Feb. 14, 2018), aff'd, 766 F. App'x 20 (5th Cir. 2019) (finding it "clear from the pleadings that [the defendants] were acting within the scope of their employment as law enforcement officers" when executing a search warrant). Because Plaintiffs' contend that Defendants were acting under color of law, as well as agents of their employer, and the execution of a search warrant is within the scope of their employment as law enforcement officers, the first prong is satisfied.