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POOLE v. CITY OF SHREVEPORT

No. 22-30329.

79 F.4th 455 (2023)

Janice Irene Creech POOLE, Independent Administrator, ON BEHALF OF BRIAN STEVEN POOLE ESTATE, Plaintiff-Appellant, v. CITY OF SHREVEPORT; Jon Briceno, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 17, 2023.

Attorney(s) appearing for the Case

Frank Chandler Breese, III, Esq. , Breese Law Office, P.L.L.C., Ridgeland, MS, James Craig Stevens , Shreveport, LA, for Plaintiff-Appellant.

Nichole Marie Buckle , Carmouche, Bokenfohr, Buckle & Day, P.L.L.C., Shreveport, LA, for Defendants-Appellees.

Before Clement, Oldham, and Wilson, Circuit Judges.

Jon Briceno, a corporal with the Shreveport Police Department, shot Brian Poole four times. Poole filed a 42 U.S.C. § 1983 suit against Briceno. After a bench trial, the district court ruled that Briceno was protected by qualified immunity. The case turned on whether Briceno could see that both of Poole's hands...

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