Allen v. Hays, No. 21-20337 (5th Cir. 2023)
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During a routine traffic stop, Houston Police Officer fatally shot John Allen, Jr. Plaintiffs brought over a dozen claims against Defendant, two other involved police officers, and the city. The individual defendants claim the benefit of qualified immunity. After years of litigation, the district court, in ruling on a motion to dismiss in response to Plaintiffs’ complaint, dismissed the claims in toto. Plaintiffs appealed the dismissal and requested reassignment to a different district judge.
The Fifth Circuit agreed with Plaintiffs that the dismissal of the Section 1983 claims against Defendant for excessive force, denial of medical care, and unlawful arrest was an error. The court reversed and remanded those claims. The court explained that taking as true that Defendant had no reason to believe Allen was armed and that Defendant knew Allen was seriously injured and likely could not move, a police officer would know, under these precedents, that to handcuff Allen was an arrest without probable cause under clearly established law. The court affirmed the dismissal of Plaintiffs’ remaining claims is affirmed. The court denied, as moot, Plaintiffs’ request for reassignment to a new judge.
The court issued a subsequent related opinion or order on April 16, 2023.
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