Rutha CARROLL, Individually and as Heir of Herman Rochan Carroll (also known as Herman Rochan Barnes); Herman Carroll, Sr., Individually and as Heir of Herman Rochan Carroll (also known as Herman Rochan Barnes); Chastity Rodgers, As Next Friend of J.K. and M. B., Minor Children of Herman Rochan Barnes, Deceased, Plaintiffs-Appellees,
v.
George W. ELLINGTON; Andy Viruette, Jr., Harris County Sheriff's Deputy, in his individual and official capacity; Juan Celestial, Harris County Sheriff's Deputy, in his individual and official capacity; Nicholas Carter, Harris County Sheriff's Deputy, in his individual and official capacity; rex evans, Harris County Sheriff's Deputy, in his individual and official capacity; Kevin Sims, Harris County Sheriff's Deputy, in his individual and official capacity; Andy Hulsey, Harris County Sheriff's Deputy, in his individual and official capacity, Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Lisa Rice Hulsey , Assistant County Attorney, Mary E. Baker , Bruce Stephen Powers (argued), Assistant County Attorney, County Attorney's Office for the County of Harris, Houston, TX, for Defendant-Appellant Andy Viruette, Jr., Harris County Sheriffs Deputy, in his individual and official capacity.
Mary E. Baker , Bruce Stephen Powers (argued), Assistant County Attorney, County Attorney's Office for the County of Harris, Houston, TX, for Defendants-Appellants Juan Celestial, Harris County Sheriffs Deputy, in his individual and official capacity, Nicholas Carter, Harris County Sheriffs Deputy, in his individual and official capacity, Rex Evans, Harris County Sheriffs Deputy, in his individual and official capacity, Kevin Sims, Harris County Sheriffs Deputy, in his individual and official capacity, Andy Hulsey, Harris County Sheriffs Deputy, in his individual and official capacity.
Before SMITH, PRADO, and OWEN, Circuit Judges.
EDWARD C. PRADO, Circuit Judge.
Herman Barnes was a diagnosed paranoid schizophrenic. He died in 2006 after a confrontation in his home with Harris County sheriff's deputies. His surviving family members (the Carrolls) sued the deputies involved in the confrontation, asserting that the deputies' seizure of Barnes was unlawful, that the deputies...
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