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RODRIGUEZ v. AVITA

No. 88-2091.

871 F.2d 552 (1989)

Eugenia RODRIGUEZ, Individually, and as next friend of Alberto Torres, Plaintiff-Appellant, v. Roberto AVITA, et al., Defendants, City of Brownsville, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 6, 1989.

Attorney(s) appearing for the Case

Michael E. Ezell, Harlingen, Tex., for plaintiff-appellant.

James E. Belton, Brownsville, Tex., for defendant-appellee.

Before GEE, HIGGINBOTHAM and DUHE, Circuit Judges.

GEE, Circuit Judge:

This appeal requires us to determine whether a civil rights action against a municipality arising from a shooting by a police officer was properly dismissed pursuant to 12(b)(6), Federal Rules of Civil Procedure, for failure to state a claim. The pleading that we must evaluate is not prolix, and we employ its own terms to state its claims:

On or about August 29, 1980, Plaintiff's son, Alberto...

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