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PINEDA v. CITY OF HOUSTON

No. 01-20189.

291 F.3d 325 (2002)

Claudia Navarro PINEDA, Etc.; et al., Plaintiffs, Claudia Navarro Pineda, Individually, Representative of the Estate of Pedro Oregon Navarro; Ana Isabel Lores as next friend of Ashley, minor daughter of Pedro Oregon Navarro; Blanca Lidia Viera, as Next friend of Belinda, minor Daughter of Pedro Oregon Navarro; Susana Oregon Navarro, Plaintiffs-Appellants, v. CITY OF HOUSTON; et al., Defendants, City of Houston, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 9, 2002.

Attorney(s) appearing for the Case

Russell Stanley Post (argued), Richard Phillips Hogan, Jr., Roger Dale Townsen, Jennifer Bruch Hogan, Hogan, Dubose & Townsend, Richard Warren Mithoff, Mithoff & Jacks, Houston, TX, for Plaintiffs-Appellants.

Robert L. Cambrice, Andrea Chan, Asst. City Atty. (argued), The City of Houston Legal Dept., Houston, TX, for Defendant-Appellee.

Before KING, Chief Judge, and GARWOOD and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Houston police officers shot and killed Pedro Oregon Navarro following an unconstitutional warrantless entry into his residence. Members of his family filed this suit asserting a § 1983 claim against the City of Houston, as well as supplemental state claims. The district court granted summary judgment to the City on the § 1983 claim and dismissed the supplemental claims with prejudice. This appeal followed. We affirm...

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