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TYSON v. SABINE

No. 21-40590.

42 F.4th 508 (2022)

Melissa TYSON, Plaintiff-Appellant, v. County of SABINE; David W. Boyd, Individually and in his official capacity as Constable; Thomas N. Maddox, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 28, 2022.

Attorney(s) appearing for the Case

Jason Michael Byrd, Attorney, The Byrd Law Firm, Beaumont, TX, for Plaintiff-Appellant.

Kelli Burris Smith, Germer, P.L.L.C., Beaumont, TX, Larry James Simmons, Jr., Esq., Germer, P.L.L.C., Houston, TX, for Defendants-Appellees County of Sabine, Thomas N. Maddox.

David Ryan Herring Iglesias, James A. Evans, III, Attorney, Iglesias Law Firm, P.L.L.C., Tyler, TX, for Defendant-Appellee David W. Boyd, Individually and in his official capacity as Constable.

Before Clement, Graves, and Costa, Circuit Judges.

This appeal arises from an alleged sexual assault committed by a law enforcement officer while he was conducting a welfare check on the plaintiff at her home. The district court found that the officer was entitled to qualified immunity. We AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent...

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