Jeri Rich v. Michael Palko

JERRY E. SMITH, Circuit Judge:

Jeri Rich sued Michael Palko and Keith Hudgens of the McKinney Police Department ("MPD") on behalf of her adopted son, Gavrila Dupuis-Mays, who has been declared an incapacitated person by the State of Texas. Rich sought damages under 42 U.S.C. § 1983 , alleging that the officers had violated Dupuis-Mays's Fourth and Fourteenth Amendment rights. The district court denied the officers' motion for summary judgment based on qualified immunity ("QI"). We reverse and render a judgment of dismissal with prejudice.

I

Dupuis-Mays sustained a brain injury as an infant and…