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HARRIS v. SERPAS

No. 13-30337.

745 F.3d 767 (2014)

Tyralyn HARRIS, individually and on behalf of her minor children, Jai Harris and Jalen Aubert; Shannon Grace, individually and on behalf of her minor child, Branin Harris; Brian Jourdan; Brianika Jourdan, Plaintiffs-Appellants v. Ronal SERPAS; Stephen McGee; City of New Orleans, through Mayor Mitchell Landrieu; James Kish; Jonathan Parker; Stuart Smith; Eric Geisler, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 12, 2014.

Attorney(s) appearing for the Case

Richard L. Root, Esq. , Betsy J. Barnes , Barnes & Root, L.L.C., Jason Rogers Williams , Jason Rogers Williams & Associates, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Sharonda R. Williams, Esq. , Churita H. Hansell, Esq. , City Attorney's Office, New Orleans, LA, for Defendant-Appellee.

Before KING, CLEMENT, and GRAVES, Circuit Judges.

JAMES E. GRAVES, JR., Circuit Judge:

On the evening of April 9, 2010, five police officers from the New Orleans Police Department (NOPD) arrived at Brian Harris's home after his former wife called 911 when she feared Brian had possibly ingested an overdose of sleeping pills. Mr. Harris had committed no crime and the officers were not there to place him under arrest. After breaching the barricaded door to his bedroom, the officers shot and killed Mr. Harris when he...

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