Jenkins v. Inocencio

── Jenkins v. Inocencio ── Court: Court of Appeals for the Fifth Circuit Date: June 04, 2026 Category: Civil Rights Case: 25-20326 Document: 57-1 Page: 1 Date Filed: 06/04/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED June 4, 2026 No. 25-20326 Lyle W. Cayce ____________ Clerk Shamara Jenkins, Individually and on behalf of The Estate of Dontel Thompson, Plaintiff—Appellee, versus Devin Inocencio, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:25-CV-1401 ______________________________ Before Wiener, Haynes, and Graves, Circuit Judges. Per Curiam: * Officer Devin Inocencio fatally shot Dontel Thompson while Thompson was fleeing the scene of an armed robbery that he had committed. Thompson’s mother, Shamara Jenkins, sued Inocencio under 42 U.S.C. § 1983 for using excessive force. Inocencio moved to dismiss the action on _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-20326 Document: 57-1 Page: 2 Date Filed: 06/04/2026 No. 25-20326 qualified immunity grounds. The district court denied Inocencio’s motion. We REVERSE and RENDER. I. Background In April 2023, while conducting surveillance, officers with the Houston Police Department observed Thompson rob a store at gunpoint. Thompson left the store and entered a nearby neighborhood. Officers soon located Thompson and attempted to make contact. Two officers exited a vehicle and approached Thompson from the side, one of them exclaiming: “Put your hands up. Get on the ground.” When approached, Thompson, gun in hand, fled in Inocencio’s general direction. Inocencio exited the vehicle he was in at about the same time as the other officers. After exiting the vehicle and identifying Thompson, Inocencio told Thompson: “Put your f***ing hands up.” Thompson, still grasping his handgun, was running in the direction of Inocencio and at least one other officer. Within moments of telling Thompson to put his hands up, Inocencio began firing at Thompson. Thompson later died due to his injuries. Jenkins sued Inocencio, individually and on behalf of Thompson’s estate, under § 1983 for Inocencio’s alleged violation of the Fourth Amendment and also asserted standalone claims of wrongful death and survival. Inocencio filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), contending that Jenkins failed to state a claim and that he is entitled to qualified immunity. The district court summarily denied Inocencio’s motion. Inocencio timely appealed. II. Jurisdiction & Standard of Review We have jurisdiction over this appeal “[b]ecause qualified immunity is a defense to both liability and the obligation ‘to stand trial or face the other burdens of litigation,’” so, as a result, “a district court’s denial of qualified immunity is appealable despite the absence of a final judgment.” Trevino v. 2  Case: 25-20326 Document: 57-1 Page: 3 Date Filed: 06/04/2026 No. 25-20326 Iden, 79 F.4th 524, 530 (5t