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AUSTIN v. CITY OF PASADENA, TEXAS

No. 22-20341.

74 F.4th 312 (2023)

Shamarian AUSTIN, Dependent Administrator of the Estate of Jamal Ali Shaw, Deceased; Donna Thomas; Cliff Benjamin Mitchell, Plaintiffs-Appellants, v. CITY OF PASADENA, TEXAS; Martin E. Aguirre; Joanna S. Marroquin; Darlene Mccain, also known as Rita M. McCain; Ryan W. Whitehead, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 18, 2023.

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 Plaintiffs-Appellant.

William S. Helfand , Norman Ray Giles , Norman Ray Giles , Justin Carl Pfeiffer , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, for Defendants-Appellees.

Brianne Jenna Gorod , Constitutional Accountability Center, Washington, DC, for Amicus Curiae Constitutional Accountability Center.

Before Higginbotham, Southwick, and Willett, Circuit Judges.

Plaintiffs claim law enforcement officers violated the Constitution when they responded to a detainee's epileptic seizure in a jail cell by restraining and tasing him several times. The district court either dismissed or granted summary judgment on all claims in favor of the Defendants. We REVERSE the grant of...

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