HOUSTON, TEXAS — The United States Court of Appeals for the Fifth Circuit ruled that the families of Rhogena Nicholas and Dennis Tuttle cannot pursue a civil lawsuit against former Houston police officer Felipe Gallegos. The court determined that Gallegos "acted like an objectively reasonable officer." The court stated it would not second-guess Gallegos' "training and judgment," which required split-second decisions during an exchange of gunfire. The ruling stems from a January 2019 no-knock drug raid where Nicholas and Tuttle were killed inside their southeast Houston home.

The 2019 raid was initiated based on false information. Former Officer Gerald Goines, the lead case agent who obtained the search warrant using fake information, is serving a 60-year prison sentence. Gallegos maintained throughout the case that his actions were appropriate, arguing he could not have known the no-knock warrant was based on Goines' false statements.

Attorney Rusty Hardin, representing Gallegos, acknowledged the tragedy of the deaths. "It's a tragedy these folks were killed," Hardin said. He added, "We've never said otherwise. It's horrible, but it's also a tragedy what happened to Felipe." Hardin argued that without qualified immunity, officers would face personal financial risk from challenged actions, which he stated would discourage individuals from pursuing careers in law enforcement. Conversely, Attorney Mike Doyle, representing the families, stated, "Felipe Gallegos deliberately killed an unarmed woman on her own couch and then kept changing his story to justify something that is never justifiable." Doyle added, "We believe Judge Bennett was dead right when he confirmed a jury needed to make the decision about his honesty and the real facts." Doyle announced that the family plans to appeal the decision, aiming to present the case before a jury to determine responsibility for the deaths of Nicholas and Tuttle.