Byrd v. Cornelius, 52 F.4th 265 (5th Cir. 2022)

Byrd v. Cornelius, 52 F.4th 265 (5th Cir. 2022)

Successfully convinced court of appeals to dismiss officers’ qualified immunity appeal for lack of jurisdiction in light of material factual disputes regarding the officers’ use of force.  The Fifth Circuit determined that video of the incident did not conclusively establish reasonable force, and that the law clearly established that officers’ use of force was excessive force in circumstances consistent with the Plaintiff’s version of events.

Shelby J. White, Of CounselThad D. Spalding, Partner