POOLE v. CITY OF SHREVEPORT

No. 21-30015.

13 F.4th 420 (2021)

Janice Irene Creech POOLE, Independent Administrator, on behalf of Brian Steven Poole Estate, Plaintiff-Appellee, v. CITY OF SHREVEPORT; Jon Briceno, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED September 10, 2021.


Attorney(s) appearing for the Case

Frank Chandler Breese, III, Esq. , Breese Law Office, P.L.L.C., Ridgeland, MS, James Craig Stevens , Shreveport, LA, for Plaintiff-Appellee.

Nichole Marie Buckle , Carmouche, Bokenfohr, Buckle & Day, P.L.L.C., Shreveport, LA, for Defendants-Appellants.

Before Stewart, Costa, and Willett, Circuit Judges.


In this excessive force case, the district court held that a jury could conclude that an officer shot a citizen four times without warning while the citizen was turning away and empty-handed. Because genuine disputes exist on those three material facts—whether the officer warned before shooting, whether the citizen...

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