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Hughey v. Tippah County — 5th Cir. (Aug 3, 2026)

No. 25-60232 Argued August 3, 2026 Published August 8, 2026; updated August 23, 2026

The Fifth Circuit reviews judgment on the pleadings for Deputy Tommy Mason in an excessive-force suit. The question is whether the complaint can overcome qualified immunity when James Hughey could not remember the encounter and the appellant says key facts were known only to the officer. Qualified immunity shields an officer from civil liability unless the alleged facts show a constitutional violation of a clearly established right. After this argument, a divided panel affirmed. Judge Carolyn King dissented, saying the majority failed to credit the complaint and favorable inferences.

Hughey v. Tippah County (No. 25-60232) — U.S. Court of Appeals for the Fifth Circuit, argued August 3, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/OralArgRecordings/25/25-60232_08-03-2026.mp3
Argument listing — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/oral-argument-recordings?docket=25-60232
Argument calendar — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/court-calendars/sitting?d=2026-08-03
Published opinion — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions/pub/25/25-60232-CV0.pdf
Opinion listing — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions?docket=25-60232
District court opinion — Justia:https://law.justia.com/cases/federal/district-courts/mississippi/msndce/3%3A2018cv00004/40415/26/
Appellate docket — Justia:https://dockets.justia.com/docket/circuit-courts/ca5/25-60232
Jim Waide — Waide & Associates:https://www.waidelaw.com/about-the-firm
Jim Waide — federal court record:https://www.justice.gov/crt/about/app/briefs/vadie.pdf
McKenzie Price — Jacks Griffith Luciano:https://www.jlpalaw.com/mckenzie-williamson-price
McKenzie Price — Martindale:https://www.martindale.com/attorney/m-mckenzie-williamson-price-301308244/
Lance Martin — Martindale:https://www.martindale.com/attorney/lance-w-martin-300343396/
Lance Martin — Avvo:https://www.avvo.com/attorneys/39601-ms-lance-martin-4691420.html
Decision summary — Texas Case Wire:https://texascasewire.com/civil-procedure/hughey-v-tippah-county-fifth-circuit-affirmed-qualified-immunity-because-the-complaint-lacked-facts-showing-excessive-force-or-a-clearly-established-violation/

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