STATE v. KLEINERT

No. 15-51077.

855 F.3d 305 (2017)

STATE of Texas, Plaintiff-Appellant v. Charles KLEINERT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 20, 2017.


Attorney(s) appearing for the Case

Rosa Theofanis , Michael Scott Taliaferro , Assistant District Attorney, District Attorney's Office, Austin, TX, for Plaintiff-Appellant.

Randy Tom Leavitt , Law Office of Randy T. Leavitt, Eric J.R. Nichols , Beck Redden, L.L.P., Austin, TX, Eric J.R. Nichols , William R. Peterson , Beck Redden, L.L.P., Houston, TX, for Defendant-Appellee.

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.

H. Thomas Byron, III , U.S. Department of Justice, Washington, DC, for United States.

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.


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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