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GUTIERREZ v. CITY OF SAN ANTONIO

No. 97-50082.

139 F.3d 441 (1998)

Rene GUTIERREZ, Individually and on behalf of the estate of Rene Gutierrez, Jr; Librava Gutierrez, Individually and on behalf of the Estate of Rene Gutierrez, Jr; Rosanna Gutierrez, as next friend of Monica Gutierrez and Monique Gutierrez, Plaintiffs-Appellees, v. CITY OF SAN ANTONIO; et al., Defendants, Lawrence Walters, San Antonio Police Officer individually and in his official capacity; Robert Solis, San Antonio Police Officer individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 14, 1998.

Attorney(s) appearing for the Case

Jesse R. Castillo, Castillo & Nieto, San Antonio, TX, for Plaintiffs-Appellees.

Dawn Louise Carmody, San Antonio, TX, for Walters.

Charles Straith Frigerio, Hector X. Saenz, San Antonio, TX, for Solis.

Before EMILIO M. GARZA, STEWART and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The family of Rene Gutierrez, Jr. ("Gutierrez") brought suit against the defendant police officers, Lawrence Walters, Jr. and Robert Solis (the "officers"), for allegedly depriving him of his rights under the Fourth and Fourteenth Amendments of the U.S. Constitution by hog-tying him. The district court issued an order granting in part and denying in part the officers' summary judgment and FED. R. Civ. P. 12 (b)(6) motions. The officers...

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