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LYTLE v. BEXAR COUNTY, TEX.

No. 08-50217.

560 F.3d 404 (2009)

Ernest LYTLE, Individually and as Representative of the Estate of Heather Lytle, Deceased, Plaintiff-Appellee, v. BEXAR COUNTY, TEXAS; Bexar County Sheriff's Office; Robert O'Donnell, in his Individual Capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 23, 2009.

Attorney(s) appearing for the Case

Sonia M. Rodriguez (argued), Branton & Hall, San Antonio, TX, for Plaintiff-Appellee.

Clarkson F. Brown (argued), San Antonio, TX, for Defendants-Appellants.

Before SMITH, BARKSDALE and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Bexar County Sheriff's Deputy Robert O'Donnell ("O'Donnell") fired his sidearm at the rear of a vehicle, striking and killing fifteen-year-old passenger Heather Lytle. Heather Lytle's father, Ernest Lytle ("Lytle"), brought suit individually and on behalf of his daughter's estate against Bexar County, the Bexar County's Sheriff's Office, and O'Donnell, alleging violations of Heather Lytle's civil rights. O'Donnell moved to dismiss the suit against...

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