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WINZER v. KAUFMAN COUNTY

No. 16-11482.

916 F.3d 464 (2019)

Eunice J. WINZER, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer; Sohelia Winzer; Henry Winzer, Plaintiffs-Appellants v. KAUFMAN COUNTY; Bill Cuellar; Garry Huddleston; Matthew Hinds, Defendants-Appellees. Henry Andree Winzer, Also Known as Henry A. Winzer, Plaintiff-Appellant v. Matthew Hinds, Individually and in His Capacity as Member of Kaufman County Sheriff Department; Unknown State Troopers, Individually and in Their Capacity as Member of Texas Department of Public Safety; Unknown Paramedics, Individually and in Their Capacity as Emergency Responders of the East Texas EMS; Sergeant Forrest Friesen, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 18, 2019.

Attorney(s) appearing for the Case

Matthew J. Kita, Daryl Kevin Washington, Esq., Attorney, Law Offices of Daryl K. Washington, P.C., Dallas, TX, for Plaintiffs-Appellants.

Stephen Cass Weiland, Esq., Robert Allen Hawkins, Esq., Squire Patton Boggs, L.L.P., Dallas, TX, for Defendants-Appellees.

Before DENNIS, CLEMENT, and GRAVES, Circuit Judges.

This case is a § 1983 action arising from the deadly shooting of a young man by Kaufman County law enforcement officers responding to a 911 call. The district court dismissed all claims against the individual officers and the county. We now AFFIRM in part and REVERSE in part.

BACKGROUND

I. The use of force.

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