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CARSWELL v. CAMP

No. 21-10171.

37 F.4th 1062 (2022)

Gwendolyn CARSWELL, individually and as dependent administrator of and on behalf of The Estate of Gary Valdez Lynch III and Gary Valdez Lynch III's Heirs at Law, Plaintiff-Appellee, v. George A. CAMP; Jana R. Campbell; Helen M. Landers; Kenneth R. Marriott; Kolbee A. Perdue; Teri J. Robinson; Vi N. Wells; Scotty D. York, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed June 17, 2022.

Attorney(s) appearing for the Case

Bruce K. Thomas , Law Office of Bruce K. Thomas, Dallas, TX, Thomas Dean Malone , Law Offices of Dean Malone, P.C., Dallas, TX, for Plaintiff-Appellee.

Thomas Phillip Brandt , John David Husted , Laura Dahl O'Leary , Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, for Defendants-Appellants.

Before Barksdale, Engelhardt, and Oldham, Circuit Judges.

The question presented is whether a district court can deny a motion to dismiss based on qualified immunity through a boilerplate scheduling order. We hold no.

I.

Gary Lynch was arrested on an outstanding warrant and booked into the Hunt County, Texas jail on February 12, 2019. Seven days later...

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