COLE v. CARSON

No. 14-10228, No. 15-10045.

935 F.3d 444 (2019)

Randy COLE; Karen Cole; Ryan Cole, Plaintiffs-Appellees v. Carl CARSON, Defendant-Appellant. Randy Cole; Karen Cole; Ryan Cole, Plaintiffs-Appellees. v. Michael Hunter; Martin Cassidy, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Revised August 21, 2019.


Attorney(s) appearing for the Case

Rowe Jack Ayres, Jr. , Christopher Scott Ayres, Esq. , Ayres Law Office, P.C., Dallas, TX, Amir H. Ali , Roderick & Solange MacArthur Justice Center, Washington, DC, James Mark Mann , Mann Firm, Henderson, TX, for Plaintiffs-Appellees.

James Thomas Jeffrey, Jr., Esq. , Law Offices of Jim Jeffrey, Arlington, TX, Norman Ray Giles , William S. Helfand , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, for Defendant-Appellant.

Clark McAdams Neily, III , Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.

Gregory Todd Butler, Esq. , Phelps Dunbar, L.L.P., Jackson, MS, for Amici Curiae International Municipal Lawyers Association, Texas Municipal League, Texas City Attorneys Association, Texas Association of Counties, Combined Law Enforcement Associations of Texas, City of Arlington, Texas, City of Garland, Texas, City of Grand Prairie, Texas, Mississippi Municipal Service Company, National Association of Police Organizations, Houston Police Officers Union.

Before STEWART, Chief Judge, and HIGGINBOTHAM, JONES, SMITH, DENNIS, CLEMENT, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges.


The Supreme Court over several years has...

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