Carter v. Dupuy

── Carter v. Dupuy ── Court: Court of Appeals for the Fifth Circuit Date: April 20, 2026 Category: Civil Rights Case: 25-30213 Document: 53-1 Page: 1 Date Filed: 04/20/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED April 20, 2026 No. 25-30213 Lyle W. Cayce ____________ Clerk Amanda Carter, Individually and real party in interest G.C.; Michael Carter, Plaintiffs—Appellees, versus Chad Dupuy, Individually; Jason Ard, Sheriff, in his official capacity as the public entity responsible for LPSO, Defendants—Appellants. ______________________________ Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:23-CV-69 ______________________________ Before Clement, Graves, and Ho, Circuit Judges. James C. Ho, Circuit Judge: “[A] constitutional violation does not occur every time an officer touches someone.” Ikerd v. Blair, 101 F.3d 430, 434 (5th Cir. 1996). “Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers, violates the Fourth Amendment.” Graham v. Connor, 490 U.S. 386, 396 (1989) (cleaned up). “In just about every conceivable situation, some amount of force or contact would be too nominal to constitute a constitutional violation.” Ikerd, 101 F.3d at 434. “When the force used is Case: 25-30213 Document: 53-1 Page: 2 Date Filed: 04/20/2026 No. 25-30213 insufficient to satisfy the legal standard necessary for recovery, the amount of force is de minimis for constitutional purposes.” Id. And that’s precisely what we find in this case. The use of force used here was de minimis. We accordingly reverse. I. Plaintiff Amanda Carter’s minor daughter attends Live Oak High School. In February 2022, an agent of the Louisiana Department of Children and Family Services visited Carter and her husband Michael at their home to investigate a report of child abuse. After this visit, the Carters immediately drove to Live Oak to pick up their daughter. Around this time, the agent contacted the high school and ordered the school not to release the girl to the Carters’ custody. The school then began locking all exterior school doors to prevent the Carters’ entry. The school also contacted Chad Dupuy, a deputy from the Livingston Parish Sheriff’s Office assigned to the school as the school resource officer, and asked him to report to the school’s front office. The school informed Dupuy that it had been instructed not to release the girl to the Carters, and that an agent of the Department was on his way to the school. When they arrived at Live Oak, Amanda Carter entered the front office, while her husband remained outside with Dupuy. School officials informed Carter that they had been instructed not to release the girl. Carter became angry and used profanity. The school secretary warned Carter that she would have to leave the office if she continued to use profanity. Shortly afterward, Carter stepped partially outside the office to talk to her husband. She then re-entered the office. Following Carter’s exchange with her husband, Dupuy asked Carter to step outside the office. But Carter refused to leave without her daughter. Surveillance footage depicts her gesturing angrily while speaking to Dupuy. 2 Case: 25-30213 Documen