Cole v. Hunter
Dockets: 14-10228, 15-10045
Opinion Date: September 25, 2018
Areas of Law: Criminal Law
On remand from the Supreme Court, the Fifth Circuit considered this case in light of the Court's decision in Mullenix v. Luna. Plaintiffs filed suit under 42 U.S.C. 1983, alleging that officers used excessive force when they shot and killed their son. The court affirmed the district court's denial of Officer Cassidy and Hunter's motion for summary judgment based on qualified immunity, otherwise reinstated the court's previous opinion in this case, and remanded for further proceedings. The court held that the district court did not weigh the evidence and resolve the factual dispute over the shooting and that a jury should resolve what happened on that night.
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