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GRANDSTAFF v. CITY OF BORGER, TEX.

Nos. 84-1241, 84-1337.

767 F.2d 161 (1985)

Sharon GRANDSTAFF, Individually and As Representative of the Estate of James C. Grandstaff; and Kay Lajune Grandstaff, As Next Friend of Jo Cheryl Grandstaff, A Minor, et al., Plaintiffs-Appellees, Cross-Appellants, v. The CITY OF BORGER, TEXAS, et al., Defendants-Appellants, Cross-Appellees. Sharon GRANDSTAFF, Individually and As Representative of the Estate of James C. Grandstaff, et al., Plaintiffs-Appellees, v. The CITY OF BORGER, TEXAS, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 5, 1985.

Attorney(s) appearing for the Case

Gibson, Ochsner & Adkins, Wayne P. Sturdivant, Amarillo, Tex., Gassaway, Gurley, Sheets & Mitchell, Jody Sheets, Borger, Tex., for City of Borger, Tex., et al.

Haynes & Fullenweider, Clinard J. Hanby, Robert B. Wallis, Houston, Tex., for Grandstaff, et al.

Before GOLDBERG, REAVLEY and GARWOOD, Circuit Judges.

REAVLEY, Circuit Judge:

The City of Borger police mistook James C. Grandstaff for a fugitive and killed him. The estate and family of Grandstaff sued and recovered $1,430,000, together with attorneys fees and expenses, from four of the officers as well as the City. We uphold the liability of the officers on both the federal and state claims and the damages award because of Texas law; we sustain the 42 U.S.C. § 1983 liability of the City but modify the damages...

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