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NERIO v. EVANS

No. 19-50793.

974 F.3d 571 (2020)

Carlos Henry NERIO II, Plaintiff-Appellant, v. Derek EVANS, Peace Officer At the Texas Department of Public Safety, in His Individual Capacity; Amy King, CID Special Agent by the Texas Department of Public Safety, in her individual capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed September 10, 2020.

Attorney(s) appearing for the Case

Malcolm Nathan Greenstein , Greenstein & Kolker, Austin, TX, Joe Kyle Crews , Crews Law Firm, P.C., Austin, TX, for Plaintiff-Appellant.

Seth Byron Dennis , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, Patrick Todd Pope , Assistant Attorney General, Travis County Attorney, Austin, TX, for Defendants-Appellees.

Before King, Graves, and Oldham, Circuit Judges.

This is a case of mistaken identity. Carlos Nerio argues that narcotics officers violated the Constitution when they mistakenly arrested him instead of his half-brother —also named Carlos Nerio. The district court granted qualified immunity to the officers. We affirm.

I.

Narcotics officers...

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