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REED v. GOERTZ

No. 19-70022.

995 F.3d 425 (2021)

Rodney REED, Plaintiff-Appellant, v. Bryan GOERTZ, Bastrop County District Attorney; Steve Mccraw, Texas Department of Public Safety; Sara Loucks, Bastrop County District Clerk; Maurice Cook, Bastrop County Sheriff, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed April 22, 2021.

Attorney(s) appearing for the Case

Andrew Fairles MacRae , Levatino Pace, L.L.P., Austin, TX, Nicole Andrea DiSalvo, Esq. , Cliff C. Gardner, Esq. , Shaivlini Khemka , Jason Michael Liberi , Robert Alan Weber, Esq. , Skadden, Arps, Slate, Meagher & Flom, L.L.P., Wilmington, DE, for Plaintiff-Appellant.

Matthew Dennis Ottoway , Assistant Attorney General, Office of the Attorney General, Law Enforcement Defense Division, Austin, TX, for Defendants-Appellees Bryan Goertz, Bastrop County District Attorney, Sara Loucks, Bastrop County District Clerk, Maurice Cook, Bastrop County Sheriff.

Ann Hahn , Office of the Attorney General of Texas, Law Enforcement Defense Division, Austin, TX, for Defendant-Appellee Steve McCraw, Texas Department of Public Safety.

Before Jones, Elrod, and Higginson, Circuit Judges.

Rodney Reed was convicted of capital murder in 1998. Since then, he has sought various forms of post-conviction relief. This case arises from his motion for post-conviction DNA testing, which the Texas state courts denied. Reed brought this lawsuit against certain Texas officials under 42 U.S.C. § 1983...

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