WAGNER v. BAY CITY, TEX.

No. 99-40175.

227 F.3d 316 (2000)

Mary WAGNER, Individually and as Next Friend of Gilbert Gutierrez and Irma Gutierrez, Plaintiff-Appellee, v. BAY CITY, TEXAS, et al., Defendants, Robert Garcia, Officer; Victor R. Hadash, Officer; Richard M. Hempel, Officer; David Mirelez, Officer; Scott A. Sherrill, Officer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 27, 2000.


Attorney(s) appearing for the Case

Andy Wade Tindel (argued), Tyler, TX, Mark E. Roberts, Houston, TX, for Plaintiff-Appellee.

William S. Helfand (argued), Kevin D. Jewell, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Houston, TX, for Defendants-Appellants.

Before JOLLY, SMITH, and BARKSDALE, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

This is an appeal of a partial denial of a motion for summary judgment. The appellant police officers argue that qualified immunity precludes Mary Wagner's 42 U.S.C. § 1983 claims of excessive force and deliberate indifference to the need for medical attention arising from the arrest of her brother, Gilbert Gutierrez, who died in police custody. Concluding that there is no reasonable inference that the officers were objectively...

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