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TAMEZ v. CITY OF SAN MARCOS, TEXAS

No. 94-50686 Summary Calendar.

62 F.3d 123 (1995)

Alice TAMEZ, Individually and as Guardian and Parent of Joseph Tamez, Felix Tamez, Jr., and Debbie Tamez, Plaintiffs-Appellees, v. CITY OF SAN MARCOS, TEXAS, and Daniel Misiaszek, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 24, 1995.

Attorney(s) appearing for the Case

Ricardo J. Navarro, Thomas A. Bailey, San Antonio, TX, for appellants.

David B. Galbraith, Houston, TX, for appellees.

Before SMITH, EMILIO M. GARZA and PARKER, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Felix Tamez brought suit under 42 U.S.C. § 1983 (1988) against the City of San Marcos, Texas (the "City") and Daniel Misiaszek, a San Marcos police officer, claiming that in investigating a "shots fired" call, Misiaszek illegally entered Tamez' home and used excessive force against him. Tamez also brought supplemental state claims of negligence, civil assault and battery, and intentional and negligent infliction of emotional distress...

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