Executive Summary
- Officer Felipe Gallegos has asked the 5th Circuit Court of Appeals to grant him qualified immunity in the Harding Street raid lawsuit.
- Defense attorneys argue Gallegos was unaware the warrant was invalid and believed he was under fire from a resident.
- U.S. District Judge Alfred Bennett previously ruled that factual disputes regarding the shooting require a jury trial.
- The civil trial has been indefinitely postponed pending the appellate court’s decision.
Houston Police officer Felipe Gallegos has petitioned the U.S. 5th Circuit Court of Appeals to grant him qualified immunity, seeking to overturn a lower court’s refusal to dismiss him from a wrongful death lawsuit stemming from the fatal 2019 Harding Street raid. In filings submitted this week, Gallegos contends that he should be shielded from liability regarding the deaths of Dennis Tuttle and Rhoghena Nicholas, arguing his actions were part of legitimate police work based on the information he possessed at the time.
According to the court filing, Gallegos’ defense team argues that the officer had no knowledge that the no-knock warrant used to breach the home was invalid. Defense attorney John MacVane wrote that from Gallegos’s objective perspective, it appeared Tuttle was shooting at officers, including two who were struck in the face. The defense maintains that Gallegos had “no reason to believe that Tuttle did not realize he was shooting at police,” asserting that his response was a reasonable reaction to an perceived imminent threat.
The appeal challenges a March ruling by U.S. District Judge Alfred Bennett, who denied Gallegos’ request to be dismissed from the litigation. Judge Bennett wrote that significant factual questions regarding the shooting—specifically Gallegos’ position when shots were fired and whether Tuttle posed a continued threat—must be resolved by a jury. The lawsuit, filed by the families of the deceased, alleges the couple did not pose a threat at the time of the fatal shots and seeks to hold the City of Houston and individual officers financially responsible.
The civil action runs parallel to the criminal fallout from the raid, which was predicated on evidence fabricated by former narcotics officer Gerald Goines. Goines was convicted of murder last year in connection with the deaths. While Gallegos was initially charged with murder in 2021, the charges were dismissed later that year following concerns about prosecutorial conduct and the strength of the evidence. Although former District Attorney Kim Ogg stated charges would be re-examined, no new indictment has been issued.
Attorneys for Gallegos argue that video evidence contradicts the plaintiffs’ narrative, noting instances where the lawsuit allegedly confused Gallegos with a heavily tattooed officer. The civil trial, which seeks over $1 million in damages, has been indefinitely postponed pending the outcome of this appeal.
Legal Ramifications
The appeal to the 5th Circuit represents a critical juncture in the prolonged legal aftermath of the Harding Street raid. A ruling in Gallegos’ favor would reinforce the robust nature of qualified immunity protections for officers operating under warrants later proven to be fraudulent, provided the officers themselves were unaware of the deception. Conversely, if the appellate court upholds the district court’s decision, it affirms that factual disputes regarding the precise moment of lethal force preclude summary judgment, necessitating a public jury trial. This appellate process further delays the resolution of the civil claims against the city and the department. It is important to note that while criminal charges against Gallegos were dismissed, he remains a defendant in the civil action, and all individuals are presumed innocent until proven guilty in a court of law.