TAYLOR v. STEVENS (2020)

United States Court of Appeals, Fifth Circuit.

Trent TAYLOR, Plaintiff—Appellant, v. Robert STEVENS, Warden, Individually and in their Official Capacity; Robert Riojas, Sergeant of Corrections Officer, Individually and in their Official Capacity; Ricardo Cortez, Sergeant of Corrections Officer, Individually and in their Official Capacity; Stephen Hunter, Correctional Officer, Individually and in their Official Capacity; Larry Davidson, Correctional Officer, Individually and in their Official Capacity; Shane Swaney, Sergeant of Corrections Officer, Individually and in their Official Capacity; Franco Ortiz, Correctional Officer, Individually and in their Official Capacity; Creastor Henderson, L.V.N., Individually and in their Official Capacity; Stephanie Orr, L.V.N., Individually and in their Official Capacity; Joe Martinez, Defendants—Appellees.

No. 17-10253

Decided: December 21, 2020

Before Owen, Chief Judge, Jones and Smith, Circuit Judges.

Samuel Weiss, Washington, DC, for Plaintiff—Appellant. Kelsey Warren, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Defendants—Appellees Robert Stevens, Robert Riojas, Ricardo Cortez, Stephen Hunter, Larry Davidson, Shane Swaney, Franco Ortiz, and Joe Martinez. Christopher Lee Lindsey, Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Defendants—Appellees Creastor Henderson, L.V.N., and Stephanie Orr, L.V.N. Jay Remington Schweikert, Clark McAdams Neily, III, Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.