Carroll v. Harris County, No. 13-20388 (5th Cir. 2015)
Annotate this CaseHerman Barnes, a paranoid schizophrenic, died after a confrontation in his home with Harris County sheriffs deputies. Plaintiffs, his surviving family members, filed suit alleging that the deputies’ seizure of Barnes was unlawful, that the deputies’ warrantless entry into his home was unreasonable, and that the deputies’ use of force was excessive and deprived Barnes of his civil rights under the Fourth and Fourteenth Amendments in violation of 42 U.S.C. 1983. After the jury deadlocked, the district court denied the deputies’ motion for a directed verdict and declared a mistrial. The deputies seek interlocutory appeal from the district court’s denial of their motion for a directed verdict. After determining that it has interlocutory appellate jurisdiction, the court concluded that the deputies are entitled to qualified immunity on the unlawful-search-and-seizure claims and on most of the excessive-force claims, but not as to the excessive-force claims for the deputies’ use of force after Barnes was subdued and ceased resisting. The deputies' qualified-immunity appeals, arising from their use of force after Barnes had been restrained and handcuffed, turned on questions of fact the district court found disputed. Accordingly, the court reversed in part, dismissed in part, and remanded.
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