Dallas detective Genaro Hernandez moonlights as a private employee of the Stainback Organization by night. In August 2019, a shooting occurred outside the Stainback Organization’s neighbor, a Dallas bar called The Green Elephant. Hernandez allegedly inserted himself into the subsequent criminal investigation pursue a slew of bogus charges against Petitioner Shannon McKinnon—the owner of The Green Elephant—who had nothing to do with the shooting.

Mr. McKinnon brought a federal civil rights lawsuit against Hernandez, and the district court denied Hernandez’s motion to dismiss the case. However, the Fifth Circuit reversed, holding that even if Hernandez’s conduct stemmed from an ulterior motive to benefit the Stainback Organization, his acts fell within the heartland of his role as a detective, and Texas law affords state actors broad immunity for acts objectively within the scope of their employment. The Plaintiffs now ask the Supreme Court to reverse.

Cato joined a brief by Public Accountability urging the Court to do so. A government official should not be able to appeal a district court’s decision to deny immunity until after trial. The Fifth Circuit’s decision allows States to manipulate federal jurisdiction to delay or avoid liability when they harm individuals. This invites jurisdictional chaos and creates unjustifiable procedural barriers to people seeking remedies for government misconduct.