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SMITH v. HEAP

No. 21-20329.

31 F.4th 905 (2022)

Constable Herschel SMITH, Plaintiff-Appellee, v. Constable Ted HEAP, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED April 14, 2022.

Attorney(s) appearing for the Case

Danny R. Scott, Jr. , Scott Law Offices, P.C., Houston, TX, for Plaintiff-Appellee.

William S. Helfand , Norman Ray Giles , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, for Defendant-Appellant.

Before Smith, Costa, and Wilson, Circuit Judges.

Ted Heap is an elected constable in Harris County, Texas. Herschel Smith is his counterpart in adjoining Waller County. After a 911 caller reported that Smith had aimed a gun at him on a local tollway in Harris County, Heap's deputies stopped and questioned Smith, then released him minutes later.

Smith sued...

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