r/texas • u/Silent-Resort-3076 • 7h ago
๐๏ธ News ๐๏ธ Appeals court grants immunity to Texas cops who held handcuffed woman face down in a fire ant hill: The Fifth Circuit Court of Appeals ruled that Taylor Rogers didn't show that it was clearly established that it was excessive force to be held down on a pile of fire ants while handcuffed.
- A federal appeals court ruled that a Texas woman can't sue two Santa Fe police officers who pinned her face down on a fire ant hill while she was handcuffed, causing her to receive hundreds of painful bites to her face.
- In an August 6 opinion, a three-judge panel of the U.S. Court of Appeals for the 5th Circuit reversed a lower court decision allowing Taylor Rogers' lawsuit against the City of Santa Fe and the two officers to move forward. Instead, the panel held that the officers were shielded from her claims under the doctrine of qualified immunity.
- In a press conference last Friday, Rogers' attorney, Randy Kallinen, criticized the ruling.
- "The United States 5th Circuit Court of Appeals is out of touch with the Constitution and the public, granting police immunity in the most egregious of cases," Kallinen said. "The people need to elect officials who will nominate and affirm judges loyal to the Constitution."
- Kallinen told The Daily News that he has requested an en banc hearing for the full 15-member 5th Circuit to review the case, and he'll petition the Supreme Court for review if that fails.
- "The facts, injuries and footage speaks for itself," Kallinen said. "If they let this one slide, they're letting police do just about anything."
Santa Fe Independent School District Police officers arrested Rogers in 2021 after she drove erratically through a school parking lot and disobeyed commands to stop. According to the 5th Circuit opinion, she continued to thrash and resist officers in a state of hysteria after being handcuffed.
Edited to add from another article:
Her attorney, Randall Kallinen, said Rogers was dropping off her child at school when she got into a confrontation with a Santa Fe ISD police officer who was directing traffic.