MENDEZ v. POITEVENT

No. 15-50790.

823 F.3d 326 (2016)

Juan MENDEZ, Sr., Individually and as Representative of the Estate of Juan Mendez, Jr., Deceased; Sonia Sanchez Hernandez; Christina Pena Rodriguez, Individually and as Next Friend of J.M. and C.M., Minors, Plaintiffs-Appellants v. Taylor POITEVENT; United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 19, 2016.


Attorney(s) appearing for the Case

Javier N. Maldonado (argued), Law Office of Javier N. Maldonado, P.C., James Allon Hall , Sonia M. Rodriguez , Branton Hall Rodriguez Cruz, P.C., San Antonio, TX, for Plaintiffs-Appellants.

Zachary Carl Richter , Asst. U.S. Atty. (argued), U.S. Attorney's Office, Austin, TX, James Francis Gilligan, Jr., Esq. , Asst. U.S. Atty., U.S. Attorney's Office, San Antonio, TX, for Defendants-Appellees.

Before JOLLY, CLEMENT, and OWEN, Circuit Judges.


During an attempted arrest and the ensuing violent struggle, Juan Mendez, Jr., was shot to death by a Border Patrol Agent, Taylor Poitevent. Mendez's relatives sued Poitevent for, among other things, excessive force in violation of the Fourth Amendment. As relevant here, they also asserted various intentional...

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