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FLORES v. CITY OF PALACIOS

No. 03-40863.

381 F.3d 391 (2004)

Erika FLORES, Plaintiff-Appellee, v. CITY OF PALACIOS, et al., Defendants, Wilbert Kalina, also known as Billy Kalina, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 10, 2004.

Attorney(s) appearing for the Case

Bobby Dewayne Brown (argued), Law Offices of Bobby D. Brown, Victoria, TX, for Plaintiff-Appellee.

William S. Helfand (argued), Norman R. Giles, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and BENAVIDES and CLEMENT, Circuit Judges.

BENAVIDES, Circuit Judge:

Officer Wilbert Kalina appeals the district court's denial of his motion for summary judgment. On the evening of July 16, 2002, Kalina sought to detain Erika Flores because she was parked on the wrong side of the road and because, when he shined a spotlight on her car, several people fled from the vicinity. Flores did not respond to Kalina's repeated commands that she stop and instead drove away. Kalina shot her car to prevent her escape...

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