Texas v. Kleinert
Court of Appeals for the Fifth Circuit
1Opinion of the Court
STEPHEN A. HIGGINSON, Circuit Judge:
The District Attorney of Travis County, Texas, sought to prosecute federal task force officer Charles Kleinert for unintentionally shooting an unarmed suspect as Kleinert tried to arrest him. Invoking his status as a federal officer, Kleinert removed the state prosecution to federal court and asked the district court to dismiss the indictment. Kleinert argued that under the Supremacy Clause, he was immune from prosecution by the local district attorney because he acted in his capacity as a federal officer and his conduct was otherwise lawful. After a…
2Cases cited32 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Illinois v. WardlowSupreme Court of the United States · 2000
- Kolender v. LawsonSupreme Court of the United States · 1983
- Maryland v. PringleSupreme Court of the United States · 2003
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