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COLSTON v. BARNHART

No. 96-40634.

130 F.3d 96 (1997)

Lorenzo COLSTON, Plaintiff-Appellee, Yolanda Michelle Colston, Individually and as Next Friend of Lauren Colston and Quinton Colston, Intervenor Plaintiff-Appellee, v. Bryan BARNHART, Texas Department of Public Safety Officer, et al., Defendants, Bryan Barnhart, Texas Department of Public Safety Officer, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 19, 1997.

Attorney(s) appearing for the Case

Curtis B. Stuckey, Stuckey & Garrigan, Nacogdoches, TX, for Plaintiff-Appellee.

Thomas Stefan Allen, Nacogdoches, TX, for Yolanda Michelle Colston.

Demetri Jane Anastasiadis, Ann Kraatz, Susan Elizabeth Werner, Asst. Atty. General, Austin, TX, for Defendant-Appellant.

Before KING, DAVIS and DeMOSS, Circuit Judges.

DAVIS, Circuit Judge:

Trooper Bryan Barnhart appeals the denial of his motion for summary judgment based on qualified immunity. Because Barnhart's use of deadly force to defend himself and others from plaintiff Lorenzo Colston was objectively reasonable, we conclude that the district court erred in denying summary judgment on grounds of qualified immunity. Accordingly, we reverse and render.

I.

On September 29, 1993, at approximately 9:30 p.m., Texas...

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