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HERNANDEZ v. U.S.

Nos. 11-50792, 12-50217, 12-50301.

785 F.3d 117 (2015)

Jesus C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of Homeland Security; United States Bureau of Customs and Border Protection; United States Border Patrol; United States Immigration and Customs Enforcement Agency; United States Department of Justice, Defendants-Appellees. Jesus C. Hernandez, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs-Appellants, v. Jesus Mesa, Jr., Defendant-Appellee. Jesus C. Hernandez, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez Guereca; Maria Guadalupe Guereca Bentacour, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor-in-Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs-Appellants, v. Ramiro Cordero; Victor M. Manjarrez, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 24, 2015.

Attorney(s) appearing for the Case

Robert C. Hilliard, Esq. , Rudy O. Gonzales, Jr. , Marion M. Reilly , Hilliard Munoz Gonzales, L.L.P., Cristobal Miguel Galindo , Attorney, Houston, TX, Steve D. Shadowen, Esq. (argued), Hilliard & Shadowen, L.L.C., Mechanicsburg, PA, for Plaintiffs-Appellants.

Henry Charles Whitaker (argued), Helen Louise Gilbert, Esq. , Daniel Joseph Lenerz, Esq. , U.S. Department of Justice, Washington, DC, Harold Edwin Brown, Jr., Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, Zachary Carl Richter , Assistant U.S. Attorney, U.S. Attorney's Office, Austin, TX, for Defendants-Appellees.

Before STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, and COSTA, Circuit Judges.

We rehear this matter en banc, see Hernandez v. United States, 771 F.3d 818 (5th Cir.2014) (per curiam) (on petitions for rehearing en banc), to resolve whether, under facts unique to this or any other circuit, the individual defen-dants in these consolidated appeals are entitled to qualified immunity...

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