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COFFEY v. JOHNSON

No. 11-03-00185-CV.

142 S.W.3d 414 (2004)

Clay COFFEY and Gerald Cozart, Appellants, v. Joan JOHNSON, as Successor Independent Executrix of the Estate of William Euell Poyner and as Independent Executrix of the Estate of Elnor Maxine Poyner, Appellee.

Court of Appeals of Texas, Eastland.

June 17, 2004.

Attorney(s) appearing for the Case

David Townsend, Byrne, Townsend, Mead & Smitherman, Joseph E. Byrne, Byrne, Mead & Smitherman, Robert Fugate, Thomas P. Brandt, Stephen D. Henninger, Fanning Harper & Martinson, Dallas, for appellant.

Richard D. Coan, James J. Elliott, M. Alan Nash, Coan & Elliott, Garry Lewellen, McMillan & Lewellen, Stephenville, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

TERRY McCALL, Justice.

In 1998, William Euell Poyner was killed in an armed encounter with law enforcement officers. Elnor Maxine Poyner (Poyner), as independent executrix, filed suit alleging violations of civil rights pursuant to 42 U.S.C. § 1983 for the alleged use of excessive force against her husband in violation of the Fourth and Fourteenth Amendments to the United States Constitution. As the surviving spouse, Poyner also included claims...

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