BYRD v. CORNELIUS

No. 21-20654.

52 F.4th 265 (2022)

Malea BYRD, Plaintiff-Appellee, v. Johnny CORNELIUS; George Sweetin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED October 31, 2022.


Attorney(s) appearing for the Case

Thad D. Spalding, Esq. , Shelby Jean White , Durham, Pittard & Spalding, L.L.P., Dallas, TX, Daryl Kevin Washington, Esq. , Attorney, Law Offices of Daryl K. Washington, P.C., Dallas, TX, for Plaintiff-Appellee.

Slater Chalfant Elza , Stephanie Jean James , John Smithee, Jr. , Underwood Law Firm, P.C., Amarillo, TX, for Defendants-Appellants.

Before Clement, Duncan, and Wilson, Circuit Judges.


In the 2019 school year, Appellant police officers Johnny Cornelius and George Sweetin allegedly used excessive force in removing and arresting Malea Byrd, a student, from a high school basketball game. The district court denied summary judgment based on qualified immunity, finding a dispute of material fact regarding...

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