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PEREZ v. UNIFIED GOVERN. OF WYANDOTTE COUNTY/KAN.

No. 04-3397.

432 F.3d 1163 (2005)

Angela PEREZ and Hector Becerra, Plaintiffs-Appellees, v. UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS; Kansas City, Kansas Fire Department, Defendants, and Anthony W. Mots, individually and in his official capacity, Kansas City, Kansas Fire Department, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 27, 2005.

Attorney(s) appearing for the Case

Michael W. Shunk, McCormick, Adam & Long, P.A., Overland Park, KS, for the Defendant-Appellant.

Daniel J. Cohen, Lakin Law Firm, Wood River, IL (Davy C. Walker, The Law Offices of Davy C. Walker, Kansas City, KS with him on the briefs), for the Plaintiffs-Appellees.

Before LUCERO, BRORBY and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

Anthony Mots, a firefighter, seeks qualified immunity from a claim that he violated the constitutional rights of Aaron Becerra when his fire truck collided with Becerra's car. Because Mots was responding to an emergency call and because it is not alleged that Mots intended to harm Becerra, we conclude that Mots is entitled to qualified immunity as a matter of law. We REVERSE the district court's denial of summary judgment and

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