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RODRIGUEZ v. JONES

No. 72-2135.

473 F.2d 599 (1973)

Tomas RODRIGUEZ et al., Petitioners-Appellants, v. Clarence JONES et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 6, 1973.

Attorney(s) appearing for the Case

G. William Baab, Ed J. Polk, Douglas R. Larson, Frank P. Hernandez, Dallas, Tex., Warren Burnett, Odessa, Tex., for petitioners-appellants.

Henry Wade, Dist. Atty., Gerald Weatherly, Asst. Dist. Atty., Dallas, Tex., Michael N. Buckley, Grand Prairie, Tex., for Jones, Valentine, Barker.

N. Alex Bickley, City Atty., Thomas B. Thorpe, Joseph G. Werner, Asst. City Attys., Jim E. Cowles, Dallas, Tex., for Dyson and Dixon.

Before GOLDBERG, AINSWORTH and INGRAHAM, Circuit Judges.

AINSWORTH, Circuit Judge:

On February 15, 1971, three Dallas County deputy sheriffs were shot and killed in West Dallas, Texas. The suspected killers, Guzman and Lopez, were subsequently apprehended. In the meanwhile, Tomas Rodriguez and his wife were wounded by Texas law officials by gunfire on February 18, 1971, when they forcibly entered the Rodriguez residence in the mistaken belief that Guzman and Lopez, the murder suspects, were on the premises.

As a...

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