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Euince J. Winzer, Individually and on Behalf of the Statutory Beneficiaries of Gabriel A. Winzer v. Kaufman County, Texas, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-11482 · judgment February 18, 2019

Certiorari denied · June 8, 2020
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. According to the Fifth Circuit, a reasonable juror could conclude that it was clearly unreasonable for a law-enforcement officer to fire multiple bullets at an unarmed, non-threatening suspect from 90 yards away—only seconds after first seeing him— but the law in this country is not “clearly established” enough for a reasonable lawenforcement officer to make the same conclusion. Is this absurd result mandated by this Court’s holdings? And if so, do those holdings need to be reexamined?

Counsel of record

For petitioner
Matthew Joseph Kita

For respondent
Stephen Cass Weiland
Patton Boggs LLP

Case

Conference history
Distributed for 2 conferences

Related
Vide, 19-889

Proceedings

  1. Jun 08 2020
    Petition DENIED.
  2. May 19 2020
    DISTRIBUTED for Conference of 6/4/2020.
  3. Apr 22 2020
    Brief of respondents Kaufman County, Texas, Matthew Hind in opposition filed.
  4. Mar 31 2020
    Response Requested. (Due April 30, 2020)
  5. Mar 25 2020
    DISTRIBUTED for Conference of 4/17/2020.
  6. Mar 23 2020
    Waiver of right of respondent Kaufman County, Texas, Matthew Hind to respond filed.
  7. Feb 18 2020
    Petition for a writ of certiorari filed. (Response due March 23, 2020)