Gary Lynn Bledsoe , Bledsoe Law Firm, L.L.P., Robert Stephen Notzon , Law Office of Robert S. Notzon, Austin, TX, for Amici Curiae Austin Branch of the NAACP and Texas State C inference of NAACP Branches.
Richard Lee Swick , Managing Senior Counsel, Swick & Shapiro, P.C., Washington, DC, for Amicus Curiae FBI Agents Association.
Michael L. Rickman , CLEAT, Austin, TX, William J. Johnson , National Association of Police Organizations (NAPO), Alexandria, VA, for Amicus Curiae National Association of Police Organizations.
Michael L. Rickman , CLEAT, Austin, TX, for Amicus Curiae Combined Law Enforcement Associations of Texas.
Before HIGGINBOTHAM, ELROD, and HIGGINSON, Circuit Judges.
STEPHEN A. HIGGINSON, Circuit Judge:
The District Attorney of Travis County, Texas, sought to prosecute federal task force officer Charles Kleinert for unintentionally shooting an unarmed suspect as Kleinert tried to arrest him. Invoking his status as a federal officer, Kleinert removed the state prosecution to federal court and asked the district...
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