No Qualified Immunity for Houston Cop Who Shot Driver Five Times

March 21, 2023, 5:57 PM UTC

A Houston police officer must face a lawsuit alleging that he violated the civil rights of a driver he shot and killed during a traffic stop.

Justin Hayes wasn’t entitled to qualified immunity on claims of excessive force, unlawful arrest, and denial of medical care because a reasonable officer would have known that his alleged actions during the traffic stop were unconstitutional, the US Court of Appeals for the Fifth Circuit said Tuesday. The court partially reversed the trial judge’s dismissal of a 42 U.S.C. § 1983 lawsuit against Hayes.

On Nov. 4, 2015, Hayes and another officer pulled John ...

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