EPISODE · Apr 27, 2026 · 38 MIN
Carter v. Dupuy: Qualified Immunity for De Minimis Force
from Swear on the Stand · host Daniel W. Swear
This episode discusses a Fifth Circuit Court of Appeals opinion regarding a lawsuit filed by Amanda Carter against Deputy Chad Dupuy and Sheriff Jason Ard following a confrontation at a high school. The court addressed whether the officer's actions—which involved briefly grabbing and pushing Carter out of a school office after she refused to leave during a child custody dispute—constituted excessive force under the Fourth Amendment. Ultimately, the judges determined that the physical contact was de minimis, meaning it was too minor to be considered a constitutional violation. Consequently, the court reversed the lower court's decision, ruling that the defendants were entitled to qualified immunity and that the associated state law claims were invalid. This ruling emphasizes that nominal force used to maintain order does not necessarily result in actionable legal or constitutional liability.
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Carter v. Dupuy: Qualified Immunity for De Minimis Force
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