In Carter v. Dupuy, No. 25-30213 (5th Cir. Apr. 20, 2026), the United States Court of Appeals for the Fifth Circuit reversed the district court’s denial of qualified immunity to a Louisiana school resource officer and sheriff in a § 1983 excessive-force action.
The case arose after Amanda Carter attempted to retrieve her daughter from Live Oak High School while the Louisiana Department of Children and Family Services was investigating allegations of child abuse. School officials had been instructed not to release the child to the parents. When Carter became upset and refused to leave the school office, Deputy Chad Dupuy briefly “grasped Carter’s arm and pulled her toward” a door and then, when she refused to move, “pushed her a few inches through the office doorway.”
The Fifth Circuit held that the force used was “de minimis” and therefore insufficient to constitute a Fourth Amendment violation. Judge James Ho, writing for a unanimous panel, emphasized longstanding Fifth Circuit precedent that “not every push or shove” rises to the level of unconstitutional excessive force. The court relied heavily on the surveillance video, which showed that the physical contact lasted “at most, four seconds” and ceased immediately once Carter exited the office.
The panel concluded that Dupuy reasonably perceived a tense and potentially volatile situation involving an ongoing child-abuse investigation, an agitated parent, and refusal to comply with instructions to leave the office. Because Dupuy used only minimal force to escort Carter out and immediately stopped once compliance was achieved, the court found no constitutional violation.
The opinion is significant because it reinforces that brief, low-level physical contact by officers often does not cross the constitutional threshold for excessive force. The court underscored that a plaintiff must show more than minor or momentary physical contact to overcome qualified immunity. The panel also reiterated that video evidence can override a plaintiff’s characterization of events where the footage clearly depicts the encounter.
The Fifth Circuit additionally exercised pendent appellate jurisdiction over Carter’s Louisiana state-law claims for negligence, assault, and battery. Because Louisiana law similarly requires excessive or unreasonable force for liability, the court held that those claims failed for the same reasons as the federal claim. As a result, the court reversed the denial of summary judgment in full and rendered judgment in favor of Deputy Dupuy and Sheriff Jason Ard.