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ROQUE v. HARVEL

No. 20-50277.

993 F.3d 325 (2021)

Albina ROQUE, individually, as heir at law to the Estate of Jason Roque, and on behalf of all wrongful death beneficiaries; Vincente Roque, individually, as heir at law to the Estate of Jason Roque, and on behalf of all wrongful death beneficiaries, Plaintiffs-Appellees, v. James HARVEL, in his individual capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED April 1, 2021.

Attorney(s) appearing for the Case

Jeff S. Edwards , David James , Scott Charles Medlock , Michael C. Singley , Edwards Law, Austin, TX, Steven C. Lee , Austin, TX, for Plaintiffs-Appellees.

Henry Gray Laird, III, Esq. , City of Austin Law Department, Litigation Division, Austin, TX, Katherine Icenhauer-Ramirez , Law Office of Katie Icenhauer-Ramirez, Austin, TX, Robert E. Icenhauer-Ramirez , Ph. D., Law Offices of Robert Icenhauer-Ramirez, Austin, TX, for Defendant-Appellant.

Before King, Elrod, and Willett, Circuit Judges.

This qualified-immunity case involves the police shooting and killing of Jason Roque, a suicidal man experiencing a mental-health crisis. Roque's parents sued James Harvel, the officer who killed their son, alleging a violation of their son's Fourth Amendment right against the use of excessive force.

The Fourth...

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