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PASCO EX REL. PASCO v. KNOBLAUCH

No. 08-60242.

566 F.3d 572 (2009)

Roy A. PASCO, by and through his grandmother and next friend, Beverly A. PASCO; Brian K. Pasco, by and through his grandmother and next friend, Beverly A. Pasco, Plaintiffs-Appellees, v. Brad KNOBLAUCH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 28, 2009.

Attorney(s) appearing for the Case

Jim D. Waide, III (argued), Waide & Associates, Richard Shane McLaughlin, McLaughlin Law Firm, Tupelo, MS, for Plaintiffs-Appellees.

William T. Siler, Jr. (argued), William Brett Harvey, Phelps Dunbar, Jackson, MS, Mark Nolan Halbert, Phelps Dunbar, Tupelo, MS, for Defendant-Appellant.

Before GARWOOD, GARZA and OWEN, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Defendant Officer Brad Knoblauch appeals the district court's denial of his motion for summary judgment. For the following reasons, we reverse.

I

On April 29, 2000, Officer Brad Knoblauch ("Knoblauch") of the Holly Springs Police Department was on a routine late-night/early-morning patrol when he observed Roy Pasco ("Pasco") driving erratically. Believing Pasco was intoxicated, Knoblauch followed him. When Pasco failed...

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