Case Explained: Derek Brown; Julia Barecki-Brown Plaintiffs— v. Derrick Burmaster; Shaun Ferguson; New Orleans City Defendants—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-14

The Fifth Circuit affirmed the judgment in favor of Officer Derrick Burmaster regarding his qualified immunity defense but reversed the judgment holding the City of New Orleans liable, remanding the case for a new trial on municipal liability. The court held that the district court properly submitted the fact-bound question of qualified immunity to the jury after defining the clearly established legal rule, consistent with the allocation of responsibilities under *Melear v. Spears* and *Ramirez v. Killian*, where the judge determines the law and the jury resolves disputed facts to apply that law. Regarding the City’s liability, the court applied Federal Rule of Civil Procedure 49(a) and Fifth Circuit precedent requiring special verdict answers to be consistent. The court found the jury’s answers irreconcilable because they simultaneously found that no City policy caused Apollo’s death while also finding the City liable for violating constitutional rights based on inadequate training, supervision, or discipline. Since municipal liability requires both culpability and causation, these contradictory findings could not stand, necessitating a retrial on the issue of municipal liability.

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