No. 21-10644.

60 F.4th 976 (2023)

De'On L. CRANE, Individually and as the Administrator of the Estate of Tavis M. Crane and on behalf of the Statutory Beneficiaries, G. C., T. C., G. M., Z. C., and A. C., the surviving children of Tavis M. Crane; Alphonse Hoston; Dwight Jefferson; Valencia Johnson; Z. C., Individually, by and through her guardian Zakiya Spence, Plaintiffs-Appellants, v. CITY OF ARLINGTON, TEXAS; Craig Roper, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 24, 2023.

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 Plaintiffs-Appellants.

Baxter Banowsky , Banowsky, P.C., Dallas, TX, Nastasha Anderson , Cynthia Jane Withers, Esq. , Assistant City Attorney, City Attorney's Office for the City of Arlington, Arlington, TX, for Defendant-Appellee City of Arlington, Texas.

James Thomas Jeffrey, Jr., Esq. , Law Offices of Jim Jeffrey, Arlington, TX, Norman Ray Giles , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, for Defendant-Appellant Craig Roper.

Laura Dahl O'Leary , Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, for Amici Curiae Texas Municipal League Intergovernmental Risk Pool, Texas Association of Counties, Texas Association of Counties Risk Management Pool, Combined Law Enforcement Associations of Texas, Texas Municipal Police Association, Louisiana Municipal Association, National Association of Police Organizations.

Before Higginbotham, Dennis, and Graves, Circuit Judges.


The petitions for rehearing en banc are DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor of rehearing (FED. R. APP. P. 35 and 5TH CIR. R. 35).

In the en banc poll, six judges voted in favor of rehearing (Richman, Jones, Smith...

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