678 Fed.Appx. 267 (5th Cir. 2017), 16-20193, Releford v. Rosemon

Docket Nº:16-20193
Citation:678 Fed.Appx. 267
Opinion Judge:PER CURIAM
Party Name:AUDRY L. RELEFORD, JR., Individually, and as Representative of the Estate of Kenneth Brian Releford, Plaintiff - Appellee v. JASON ROSEMON, Defendant - Appellant
Attorney:For AUDRY L. RELEFORD, JR., Individually, and as Representative of the Estate of Kenneth Brian Releford, Plaintiff - Appellee: Dax O. Faubus, Esq., Joseph Carter Melugin, Faubus Firm, Houston, TX; Walter Ellsworth Cubberly, Daly & Black, P.C., Houston, TX. For JASON ROSEMON, Defendant - Appellant...
Judge Panel:Before DAVIS, CLEMENT, COSTA, Circuit Judges.
Case Date:March 08, 2017
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 267

678 Fed.Appx. 267 (5th Cir. 2017)

AUDRY L. RELEFORD, JR., Individually, and as Representative of the Estate of Kenneth Brian Releford, Plaintiff - Appellee

v.

JASON ROSEMON, Defendant - Appellant

No. 16-20193

United States Court of Appeals, Fifth Circuit

March 8, 2017

As Revised, March 9, 2017.

UNPUBLISHED

Editorial Note:

Please Refer Federal Rule of Appellate Procedure Rule 32.1

Appeal from the United States District Court for the Southern District of Texas. USDC No. 4:14-CV-2810.

Releford v. City of Houston, (S.D. Tex., Feb. 29, 2016)

For AUDRY L. RELEFORD, JR., Individually, and as Representative of the Estate of Kenneth Brian Releford, Plaintiff - Appellee: Dax O. Faubus, Esq., Joseph Carter Melugin, Faubus Firm, Houston, TX; Walter Ellsworth Cubberly, Daly & Black, P.C., Houston, TX.

For JASON ROSEMON, Defendant - Appellant: Robert William Higgason, Nirja Sharma Aiyer, City of Houston, Legal Department, Houston, TX.

Before DAVIS, CLEMENT, COSTA, Circuit Judges.

OPINION

PER CURIAM:[*]

" Few facts in this case are undisputed." [1] However, the parties stipulate to the following. In the pre-dawn hours of October 11, 2012, Kenneth Brian Releford was accused of breaking into a neighbor's home and assaulting two of its occupants. The Houston Police Department dispatched Officer Jason Rosemon to the scene. When Rosemon encountered Releford -- who was unarmed -- a dispute ensued, and Rosemon shot Releford twice, resulting in Releford's death.

Releford's estate filed suit against Rosemon in his individual capacity pursuant to 42 U.S.C. § 1983. Rosemon filed a motion for summary judgment based on qualified immunity, the district court denied it, and Rosemon filed this interlocutory appeal.

Rosemon claims that when he shot and killed Releford, Releford posed an imminent risk of serious harm. His account reads as follows: Releford was agitated and aggressive. He was accused of breaking into a neighbor's home and assaulting two of its occupants. His left hand was hidden behind his back. It was dark. He was advancing towards Rosemon. Rosemon begged Releford to stand down...

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