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BELTRAN v. CITY OF EL PASO

No. 03-50427.

367 F.3d 299 (2004)

Manuela BELTRAN, Individually and as legal representative on behalf of the heirs of both the Estate of Irene Beltran Garcia, and the Estate of Sonye Leigh Herrera, Plaintiff-Appellee, v. The CITY OF EL PASO, et al., Defendants, Sylvia Amador, also known as D590SA, also known as Operator Lewis, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 14, 2004.

Attorney(s) appearing for the Case

Georgena Marie Palafox (argued), El Paso, TX, for Plaintiff-Appellee.

Duane Allen Baker (argued), El Paso, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, JONES and MAGILL, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case arises from a father's murder of his wife and fifteen-year old daughter. The girl's grandmother filed this damage action against the City of El Paso and the 911 operator who allegedly mishandled the victim's initial emergency call. The district court perfunctorily denied the 911 operator's motion for summary judgment on qualified immunity grounds, and the 911 operator now appeals. Because the appellee failed to state a violation...

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