Johnson v. Salter

── Johnson v. Salter ── Court: Court of Appeals for the Fifth Circuit Date: May 15, 2026 Category: Civil Rights Case: 25-50332 Document: 117-1 Page: 1 Date Filed: 05/15/2026 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50332 FILED May 15, 2026 ____________ Lyle W. Cayce James Edward Johnson, Clerk Plaintiff—Appellant, versus Brandon Salter; Samuel Noble; Katherine Alzola; City of Austin, Texas, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 1:22-CV-1050 ______________________________ Before Haynes, Higginson, and Ho, Circuit Judges. Per Curiam: * James Edward Johnson told his mother, who lived far away, that he was going to commit suicide, so she contacted the City of Austin’s 911 dispatching unit and asked if someone could go check on him. Three Austin Police officers reached Johnson’s apartment a short time later. Johnson says he suffered injuries to his jaw and head. He then sued the officers and the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-50332 Document: 117-1 Page: 2 Date Filed: 05/15/2026 No. 25-50332 City of Austin. The district court granted the defendants’ motions for summary judgment, concluding that the officers were entitled to qualified immunity and Johnson could not raise a fact issue regarding his claim for municipal liability. Finding no error, we AFFIRM. I. Background Late one night in August 2021, Johnson’s mother called the City of Austin’s 911 dispatching unit and explained that her son was “suicidal” and “ha[d] a gun.” Johnson had texted his mother that night, saying “It’s done, I’m gone for good. One hundred percent,” and sent a picture of his gun. Johnson’s mother was in California and scared of what her son might do, so she called the police to ask if they could send someone to her son’s apartment to check on him. Johnson’s mother explained that Johnson “had a rough night”—experiencing problems with his girlfriend, he had been “humiliated.” Officers were immediately sent out to check on Johnson. Shortly thereafter, three Austin Police Officers, Brandon Salter, Samuel Noble, and Katherine Alzola (collectively, the “Officers”), arrived at Johnson’s apartment complex. The Officers made their way to Johnson’s apartment door, knocked, and announced “Police Department.” Johnson quickly responded: “Don’t come in or I’m going to shoot myself in the head.” After receiving the number from dispatch and attempting to call Johnson’s cell phone, Noble went to prop open the apartment complex’s doors. At Noble’s direction, Salter began to talk to Johnson through the apartment door. Salter asked Johnson what was going on and stated that he “need[ed] to know that [Johnson] d[id not] have a gun.” Johnson, his voice muffled through the door, explained that he did “have one,” but stated that he was “not a threat to anybody.” Salter told Johnson to make sure that the 2 Case: 25-50332 Document: 117-1