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WINZER v. KAUFMAN COUNTY

No. 16-11482.

916 F.3d 464 (2019)

Eunice J. WINZER, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer; Sohelia Winzer; Henry Winzer, Plaintiffs-Appellants v. KAUFMAN COUNTY; Bill Cuellar; Garry Huddleston; Matthew Hinds, Defendants-Appellees. Henry Andree Winzer, Also Known as Henry A. Winzer, Plaintiff-Appellant v. Matthew Hinds, Individually and in His Capacity as Member of Kaufman County Sheriff Department; Unknown State Troopers, Individually and in Their Capacity as Member of Texas Department of Public Safety; Unknown Paramedics, Individually and in Their Capacity as Emergency Responders of the East Texas EMS; Sergeant Forrest Friesen, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 18, 2019.

Attorney(s) appearing for the Case

Matthew J. Kita , Daryl Kevin Washington, Esq. , Attorney, Law Offices of Daryl K. Washington, P.C., Dallas, TX, for Plaintiffs-Appellants.

Stephen Cass Weiland, Esq. , Robert Allen Hawkins, Esq. , Squire Patton Boggs, L.L.P., Dallas, TX, for Defendants-Appellees.

Before DENNIS, CLEMENT, and GRAVES, Circuit Judges.

This case is a § 1983 action arising from the deadly shooting of a young man by Kaufman County law enforcement officers responding to a 911 call. The district court dismissed all claims against the individual officers and the county. We now AFFIRM in part and REVERSE in part.

BACKGROUND

I. The use of force.

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