Euince J. Winzer, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer v. Kaufman County, Texas, et al.
JusticiabilityDoctri
Whether the Fifth Circuit's qualified immunity analysis sets a dangerous precedent for the Civil Rights Act, exposing flaws in the Supreme Court's qualified immunity jurisprudence
QUESTION PRESENTED 1. According to the Fifth Circuit, a reasonable juror could conclude that it was clearly unreasonable for a law-enforcement officer to fire multiple bullets at an unarmed, non-threatening suspect from 90 yards away—only seconds after first seeing him— but the law in this country is not “clearly established” enough for a reasonable lawenforcement officer to make the same conclusion. Is this absurd result mandated by this Court’s holdings? And if so, do those holdings need to be reexamined?