No. 19-1042

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

Lower Court: Fifth Circuit
Docketed: 2020-02-21
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-procedure civil-rights civil-rights-act clearly-established-law constitutional-rights due-process excessive-force fifth-circuit law-enforcement qualified-immunity
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-06-04 (distributed 2 times)
Related Cases: 19-889 (Vide)
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2020-06-08
Petition DENIED.
2020-05-19
DISTRIBUTED for Conference of 6/4/2020.
2020-04-22
Brief of respondents Kaufman County, Texas, Matthew Hind in opposition filed.
2020-03-31
Response Requested. (Due April 30, 2020)
2020-03-25
DISTRIBUTED for Conference of 4/17/2020.
2020-03-23
Waiver of right of respondent Kaufman County, Texas, Matthew Hind to respond filed.
2020-02-18
Petition for a writ of certiorari filed. (Response due March 23, 2020)

Attorneys

Eunice J. Winzer
Matthew Joseph Kita — Petitioner
Matthew Joseph Kita — Petitioner
Kaufman County, Texas, Matthew Hind
Stephen Cass WeilandPatton Boggs LLP, Respondent
Stephen Cass WeilandPatton Boggs LLP, Respondent