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MARTINEZ-AGUERO v. GONZALEZ

No. 05-50472.

459 F.3d 618 (2006)

Maria Antonieta MARTINEZ-AGUERO, Plaintiff-Appellee, v. Humberto GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 4, 2006.

Attorney(s) appearing for the Case

Jonathan Bridges (argued), Susman Godfrey, Dallas, TX, Francisco X. Dominguez, El Paso, TX, Suyash Agrawal, Susman Godfrey, Houston, TX, Javier N. Maldonado, Lawyers Committee for Civil Rights, David Armendariz, Joseph B. DeMott Law Firm, San Antonio, TX, for Plaintiff-Appellee.

Jeanne Cezanne Collins (argued), Ken Kelly Slavin, Kemp Smith, El Paso, TX, for Defendant-Appellant.

Before SMITH, WIENER, and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

We must decide whether aliens stopped at the border have a constitutional right to be free from false imprisonment and the use of excessive force by law enforcement personnel. Concluding that they do, we affirm the denial of Humberto Gonzalez's motion for summary judgment that he pursued on the basis of a claim of qualified immunity, and we remand for further proceedings.

I.

On interlocutory appeal of the denial of...

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