Moore v. Dowies
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 12, 2026
Docket26-30256
StatusUnpublished
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Full Opinion
Case: 26-30256 Document: 32-1 Page: 1 Date Filed: 11/12/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-30256 November 12, 2026
____________
Thomas B. Plunkett, III
Clerk
Cedre Moore,
Plaintiff—Appellant,
versus
Sam Dowies, individually and in his official capacity; Dusty
Williams, individually and in her official capacity; Keith Dill,
individually and in his official capacity,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:23-CV-469
______________________________
Before Jones, Ho, and Wilson, Circuit Judges.
Per Curiam: *
Cedre Moore was arrested on an outstanding warrant for aggravated
battery. While being processed into jail, Moore repeatedly refused the
wardens’ commands to get off his cell phone and change into a jumpsuit. He
was not handcuffed or otherwise restrained. When Moore finally walked
toward the changing area, he lifted his arms and jacket above his head. At
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-30256 Document: 32-1 Page: 2 Date Filed: 11/12/2026
No. 26-30256
this point Warden Dusty Williams attempted a brachial stun with her hand,
but landed the blow on the hood of Moore’s jacket. A few moments later,
when Moore reached the changing area, Lieutenant Keith Dill pepper-
sprayed him. Shortly thereafter, Moore was given an opportunity to wash
the spray off his face and consult with a nurse.
Moore would eventually disclaim any injuries from this encounter.
Still, he sued the two wardens and the sheriff overseeing their jail, all in their
official and individual capacities. Moore alleged Fourth Amendment
excessive force under 42 U.S.C. § 1983, unconstitutional policies per Monell
v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 691, 98 S. Ct. 2018,
2036 (1978), state-law negligent hiring and supervision, and state-law battery.
The defendants claimed qualified immunity. The district court dismissed the
wardens’ official capacity claims under Rule 12(b), granted summary
judgment for all defendants on the remaining federal claims, and declined to
exercise jurisdiction over the remaining state-law claims. Moore timely
appealed the summary judgment rulings on (1) the individual capacity claims
against the wardens and (2) the Monell claim against the sheriff. We review
these holdings de novo. Morrow v. Meachum, 917 F.3d 870, 874 (5th Cir.
2019).
Having carefully considered the briefs, the caselaw, and pertinent
portions of the record, we find no reversible error. We therefore AFFIRM
the judgment of the district court essentially for the reasons stated in its
thorough Memorandum Ruling and Order of March 31, 2026.
2