Jose Vasquez v. Broiler Room , 538 F. App'x 478 ( 2013 )


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  •      Case: 12-51057         Document: 00512337160            Page: 1      Date Filed: 08/09/2013
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    August 9, 2013
    No. 12-51057                           Lyle W. Cayce
    Clerk
    JOSE VASQUEZ, As Personal Representative
    of the Estate of Sergio Vasquez, Deceased;
    HEATHER LAUREL, also known as Helen
    Vasquez, Guardian of V.A.V., a minor,
    Heir of the Estate of Sergio Vasquez;
    RICK STONE,
    Plaintiffs - Appellants
    v.
    THE BOILER ROOM;
    FT AVILA & IV ENTERPRISES, INCORPORATED;
    RL WORTH & ASSOCIATES;
    DEPUTY ARNOLD MENCHACA;
    SHERIFF AMADEO ORTIZ; BEXAR COUNTY,
    Defendants - Appellees
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 5:11-CV-920
    Before JONES, SMITH and GARZA, Circuit Judges.
    PER CURIAM:*
    The court, having heard oral argument and reviewed the parties’ briefs and the
    record on appeal, holds that there is no reversible error of fact or law.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
    published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    Case: 12-51057    Document: 00512337160        Page: 2    Date Filed: 08/09/2013
    No. 12-51057
    1.    Stone’s claim is time barred because he filed it after the two-year statute of
    limitations had expired. The limitation period began to run on the date Stone
    was shot, even though he did not know the true identity of the wrongdoer.
    Childs v. Haussecker, 
    974 S.W.2d 31
    , 36, 40 (Tex. 1998). Stone’s fraudulent
    concealment argument is waived because it was not pursued in the district
    court. LeMarie v. La. Dep’t of Transp. & Dev., 
    480 F.3d 383
    , 387 (5th Cir. 2007).
    2.    Menchaca was entitled to qualified immunity under well-settled Circuit
    precedent. Ontiveros v. City of Rosenberg, Tex., 
    564 F.3d 379
    , 380. Vasquez’
    actions posed a serious threat to those around him, and it was reasonable for
    Menchaca to use deadly force. See 
    Id. at 385
    .
    3.    The district court properly dismissed Vasquez’ premises liability and negligent
    hiring, supervision, and training claims against RL Worth because Vasquez did
    not point the court to any evidence supporting these claims.
    The judgment of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 12-51057

Citation Numbers: 538 F. App'x 478

Judges: Garza, Jones, Per Curiam, Smith

Filed Date: 8/9/2013

Precedential Status: Non-Precedential

Modified Date: 8/7/2023