July 18th, 2019

US Court of Appeals for the Fifth Circuit Opinions
Mason v. Faul

Docket: 18-30362
Opinion Date: July 17, 2019
Judge: Per Curiam
Areas of Law: Criminal Law

On remand, the case was tried before a jury which determined that defendant had used unconstitutionally excessive force against Quamaine Mason but was nevertheless entitled to qualified immunity. The Fifth Circuit affirmed and held that, although the parties might better have relied in their briefs on Supreme Court precedent from the ensuing three decades following Young v. City of Killeen, 775 F.2d 1349 (5th Cir. 1985), the trial court's reliance on that case as a general matter was not misplaced. The court also held that there was no error by submitting to the jury two jury interrogatories, one on unconstitutional excessive force and one on qualified immunity; the verdict was not fatally inconsistent; and, following a properly conducted trial, the court was required to sustain the jury's verdict on the fact issues.

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