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BAZAN EX REL. BAZAN v. HIDALGO COUNTY

No. 97-41463.

246 F.3d 481 (2001)

Judith BAZAN, by next friend Victoria Rose BAZAN, individually and as representative of the Estate of Leonel Bazan, Jr., Deceased; Victoria Rose Bazan, a Minor, Plaintiffs-Appellees, Rose Marie Avalos, Intervenor-Appellee, v. HIDALGO COUNTY, et al., Defendants, Raul Vargas, Individually and in his Official Capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 27, 2001.

Attorney(s) appearing for the Case

Jeanne Opdyke Chastain (argued), Corpus Christi, TX, for Judith Bazan.

Christopher Edwin McJunkin, Law Office of Chris McJunkin, Corpus Christi, TX, for Judith and Victoria Rose Bazan.

James Bruce Ragan, Corpus Christi, TX, for Avalos.

Karen Denise Matlock (argued), Anthony Gerard Brocato, Jr., Austin, TX, for Vargas.

Before BARKSDALE, EMILIO M. GARZA and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this interlocutory appeal from the summary judgment denial of qualified immunity for Texas Department of Public Safety (TDPS) Trooper Raul Vargas' use of deadly force (the Trooper being the sole surviving witness to such use and the test being whether his actions were objectively reasonable), the threshold issue is whether the facts the district judge concluded are genuinely...

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