Keller v. Fleming, No. 18-60081 (5th Cir. 2019)Annotate this Case
After decedent was struck and killed by a motor vehicle as he walked along a highway in the dark, plaintiffs filed a 42 U.S.C. 1983 suit against the county, the city, and law enforcement officers, alleging state law claims and constitutional claims. The district court granted summary judgment to the city and the officers, but denied summary judgment to the county and Deputy Fleming. Deputy Fleming appealed.
The Fifth Circuit affirmed the district court's judgment as to the Fourth Amendment claim, holding that Deputy Fleming's seizure, detention, and transporting of the decedent at the county line for alleged vagrant-ouster purposes violated the decedent's clearly established Fourth Amendment rights. The court reversed as to the Fourteenth Amendment claim, holding that plaintiffs have not demonstrated a clearly established substantive due process right on the facts they alleged. Therefore, the court rendered judgment that Deputy Fleming was entitled to qualified immunity on the Fourteenth Amendment claim.