No. 19-889

Kaufman County, Texas, et al. v. Eunice J. Winzer, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer, et al.

Lower Court: Fifth Circuit
Docketed: 2020-01-16
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights constitutional-rights due-process fifth-circuit law-enforcement police-conduct qualified-immunity summary-judgment use-of-force
Latest Conference: 2020-06-04 (distributed 2 times)
Related Cases: 19-1042 (Vide)
Question Presented (from Petition)

1. Did the Fifth Circuit panel majority err in reversing Kaufman County's summary judgment after concluding Officer Hinds did not violate clearly established law?

2. Did the Fifth Circuit panel majority improperly retain Kaufman County as a defendant by concluding that Officer Hinds may have violated a constitutional right by evaluating his use of force from the perspective of the Respondents?

3. Did the Fifth Circuit panel majority improperly second-guess the reasonableness of Officer Hinds' use of force without due regard to the circumstances he encountered?

Question Presented (AI Summary)

Did the Fifth Circuit panel majority err in reversing Kaufman County's summary judgment after concluding Officer Hinds did not violate clearly established law?

Docket Entries

2020-06-08
Petition DENIED.
2020-05-19
DISTRIBUTED for Conference of 6/4/2020.
2020-05-05
Brief of respondent Eunice J. Winzer in opposition filed.
2020-05-01
Motion to extend the time to file a response is granted and the time is extended to and including May 5, 2020.
2020-04-30
Motion to extend the time to file a response from April 30, 2020 to May 5, 2020, submitted to The Clerk.
2020-03-31
Response Requested. (Due April 30, 2020)
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-02-18
Waiver of right of respondent Eunice J. Winzer to respond filed.
2020-02-18
Brief amici curiae of Texas Association of Counties, Texas Municipal League, Texas Municipal League Intergovernmental Risk Pool, Mississippi Municipal Service Company, and National Association of Police Organization filed.
2020-01-16
Petition for a writ of certiorari filed. (Response due February 18, 2020)

Attorneys

Eunice J. Winzer
Matthew Joseph KitaQuilling Selander Cummiskey and Lownds.PC, Respondent
Kaufman County; Matthew Hinds
Stephen Cass WeilandPatton Boggs LLP, Petitioner
Texas Association of Counties, Texas Municipal League, Texas Municipal League Intergovernmental Risk Pool, Mississippi Municipal Service Company, and National Association of Police Organization
Gregory Todd ButlerPhelps Dunbar LLP, Amicus