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WINZER v. KAUFMAN COUNTY

No. 16-11482.

940 F.3d 900 (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.

FILED October 21, 2019.

Attorney(s) appearing for the Case

Matthew J. Kita , Dallas, TX, 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 , Squire Patton Boggs, L.L.P., Dallas, TX, for Defendants-Appellees.

Gregory Todd Butler, Esq. , Phelps Dunbar, L.L.P., Jackson, MS, for Amicus Curiae.

Before DENNIS, CLEMENT, and GRAVES, Circuit Judges.

Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R. APP. P. and 5TH CIR....

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