GONZALEZ v. TREVINO

No. 21-50276.

60 F.4th 906 (2023)

Sylvia GONZALEZ, Plaintiff-Appellee, v. Edward TREVINO, II, Mayor of Castle Hills, sued in his individual capacity; John Siemens, Chief of the Castle Hills Police Department, sued in his individual capacity; Alexander Wright, sued in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED February 22, 2023.


Attorney(s) appearing for the Case

Anya Bidwell , Attorney, William R. Aronin , Patrick M. Jaicomo , Institute for Justice, Arlington, VA, for Plaintiff-Appellee.

Scott Michael Tschirhart , Denton, Navarro, Rocha, Bernal & Zech, P.C., Austin, TX, Lowell Frank Denton , Denton, Navarro, Rocha, Bernal & Zech, P.C., San Antonio, TX, for Defendants-Appellants.

Devi Rao , Roderick & Solange MacArthur Justice Center, Washington, DC, for Amici Curiae Roderick & Solange MacArthur Justice Center, National Police Accountability Project.

Brianne Jenna Gorod , Constitutional Accountability Center, Washington, DC, for Amici Curiae Institute for Constitutional Advocacy and Protection, Constitutional Accountability Center.

Laura Moraff , American Civil Liberties Union Foundation, New York, NY, for Amici Curiae American Civil Liberties Union, Foundation for Individual Rights and Expression, Cato Institute

Devi Rao , Roderick & Solange MacArthur Justice Center, Washington, DC, Laura Moraff , American Civil Liberties Union Foundation, New York, NY, for Amicus Curiae American Civil Liberties Union of Texas.

Cory Liu , Ashcroft Law Firm, Austin, TX, for Amicus Curiae Fane Lozman.

Before Barksdale, Engelhardt, and Oldham, Circuit Judges.


ON PETITION FOR REHEARING EN BANC

Treating the petition for rehearing en banc as a petition for panel rehearing (5Th CIR. R. 35 I.O.P.), the petition for panel rehearing is DENIED. The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor...

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