Winfrey v. San Jacinto County, No. 16-20702 (5th Cir. 2018)
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The Fifth Circuit denied a petition for rehearing and a petition for rehearing en banc. The court withdrew its prior opinion and substituted this opinion.
The modifications to the original opinion were minor and did not affect the substance or outcome of the earlier opinion, except in Part III.A, which now holds that Johnson's omission of the fact that the blood and hair found at the crime scene did not match Richard Winfrey Jr. or Megan Winfrey was not a "material" omission, and which reflects that it is Junior's burden to overcome qualified immunity, not Johnson's burden to show that qualified immunity applies.
This opinion or order relates to an opinion or order originally issued on February 5, 2018.
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