The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's denial of qualified immunity to Pima County Deputy Sheriff Gilbert Caudillo in a federal civil rights lawsuit filed by the estate of Bradley Alexander Lewis, whom Caudillo shot and killed.
The court issued its memorandum decision on Feb. 4 in *Lewis v. Nanos* (9th Cir. 2026), rejecting Caudillo's appeal of the U.S. District Court for the District of Arizona's order denying summary judgment based on qualified immunity.
The lawsuit was filed under 42 U.S.C. Section 1983, the federal civil rights statute that allows individuals to sue state and local officials for constitutional violations. The plaintiffs include Anna Christine Lewis and Bradley Lewis, serving as personal representatives of Bradley Alexander Lewis's estate, along with other family members Helen Stricklen and Ralph Rust Stricklen.
Named as defendants are Pima County Sheriff Chris Nanos, both individually and in his official capacity, along with deputies Gilbert Caudillo and Michael Moseley, also sued in both their individual and official capacities. Pima County itself is also named as a defendant.
The case centers on Deputy Caudillo's fatal shooting of Bradley Alexander Lewis. According to the court record, Caudillo appealed the district court's order denying his motion for summary judgment based on qualified immunity protections.
Qualified immunity is a legal doctrine that protects government officials from civil lawsuits unless they violated clearly established constitutional rights that a reasonable person would have known about. Law enforcement officers frequently invoke qualified immunity as a defense in excessive force cases.
In affirming the lower court's decision, the Ninth Circuit panel consisting of Circuit Judges William A. Hawkins Jr., Andrew D. Hurwitz, and Kenneth K. Lee found that material factual disputes existed that precluded summary judgment.
"The purpose of summary judgment is to determine whether there are material factual disputes, not to resolve them," the court wrote, citing *Dodge v. Evergreen School District #114* (9th Cir. 2022). "Because the district court properly found the existence of material fact disputes, we affirm."
The ruling means the case will proceed to trial, where a jury will determine whether Caudillo's actions violated Lewis's constitutional rights and whether he should be entitled to qualified immunity protection.
The decision represents a significant procedural victory for the Lewis family, as qualified immunity often serves as a substantial barrier to holding law enforcement officers accountable in federal civil rights cases. When courts grant qualified immunity at the summary judgment stage, it typically ends the case before it can reach a jury.
The Ninth Circuit's decision was heard by a three-judge panel after oral arguments held Nov. 19, 2025, in Phoenix. Circuit Judge Kenneth K. Lee authored a concurrence, though the details of his separate opinion are not included in the available court record.
The case originated in 2021 in the District of Arizona under case number 4:21-cv-00557-RM, with U.S. District Judge Rosemary Márquez presiding. The district court's 2024 decision denying Caudillo's motion for summary judgment set the stage for the deputy's appeal to the Ninth Circuit.
Section 1983 lawsuits against law enforcement have become increasingly common as families of individuals killed or injured by police seek accountability through the federal court system. These cases often turn on whether officers' actions violated clearly established constitutional rights, typically under the Fourth Amendment's protection against unreasonable searches and seizures.
The qualified immunity doctrine has faced growing scrutiny from civil rights advocates who argue it makes it too difficult to hold police officers accountable for misconduct. However, law enforcement groups maintain that the protection is necessary to allow officers to perform their duties without fear of constant litigation.
Pima County, located in southern Arizona and encompassing Tucson, has faced several high-profile incidents involving law enforcement in recent years. Sheriff Chris Nanos, who took office in 2021, has implemented various reforms aimed at improving department practices and community relations.
The court's memorandum decision is marked "not for publication," meaning it cannot be cited as precedent except as provided by Ninth Circuit rules. However, the ruling allows the Lewis family's case to proceed toward trial, where they will attempt to prove their claims against the defendants.
The case will now return to the district court for further proceedings, including potential discovery, motion practice, and ultimately trial if the parties do not reach a settlement. The timeline for resolution of the underlying lawsuit remains unclear, as federal civil rights cases can take months or years to reach final resolution.