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MACE v. CITY OF PALESTINE

No. 02-40335.

333 F.3d 621 (2003)

Debera MACE, Individually and as representative of the Estate of Jacob Vincent Revill, deceased, Plaintiff-Appellant, v. CITY OF PALESTINE; Pat Henderson, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 24, 2003.

Attorney(s) appearing for the Case

Michael Edward Starr (argued), Hommel & Starr, Tyler, TX, for Plaintiff-Appellant.

Earl Glenn Thames, Jr. (argued), Potter Minton, Tyler, TX, for Defendants-Appellees.

Before JOLLY, DUHÉ and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

After the shooting death of her son in a confrontation with police, Debera Mace brought suit under 42 U.S.C. § 1983 against the City of Palestine, Texas and Palestine Police Chief Pat Henderson. Mace alleges that Henderson used excessive force against her son and, after shooting her son, he was deliberately indifferent to her son's need for medical attention — all in violation of the Fourth and Fourteenth Amendments. The...

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