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ALPHA v. HOOPER

No. 05-40457.

440 F.3d 670 (2006)

Diana ALPHA, Mother and Next Friend of Minor Children, Coleen Anderson, Surviving Minor Child, Clayton Lynn Anderson, Surviving Minor Child, Estate of Anderson, Estate of Jerry Lynn Anderson, Tommy D. Anderson, Rebecca Mull, Plaintiffs-Appellants, v. Matt HOOPER, Deputy Sheriff in Hopkins County, Charles Butch Adams, Sheriff of Hopkins County, Hopkins County, TX, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 15, 2006.

Attorney(s) appearing for the Case

Christopher Douglas Vaughn (argued), Melville Johnson, Atlanta, GA, for Plaintiffs-Appellants.

Charles Straith Frigerio (argued), Hector X. Saenz, Law Offices of Charles S. Frigerio, San Antonio, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

PER CURIAM:

The appellants, various relatives of decedent Jerry Lynn Anderson, appeal from the district court's grant of summary judgment in favor of appellees Hopkins County, Texas, and Sheriff Charles Adams, as well as three evidentiary decisions made by the district court in the course of trial against Deputy Sheriff Matt Hooper. Hooper shot and killed Anderson as Anderson was attempting to evade arrest by running down Hooper in his truck.

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