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RIOS v. CITY OF DEL RIO, TEX.

No. 04-50774.

444 F.3d 417 (2006)

Ricardo RIOS, II; Marisela Rios, Individually and as next friend of their minor children, Ricardo Rios III, Laura Yvette Rios and Ivn Alejandro Rios, Plaintiffs-Appellees, v. The CITY OF DEL RIO, TEXAS; et al., Defendants, Wesley Wilson; Manuel Herrera, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 27, 2006.

Attorney(s) appearing for the Case

Broadus A. Spivey (argued), Yii-Chwen (Francis) Pan, Spivey & Ainsworth, Austin, TX, Raul A. Rios, The Rios Law Firm, San Antonio, TX, for Plaintiffs-Appellees.

Patrick C. Bernal (argued), Alan Troy Ozuna, Denton, Navarro, Rocha & Bernal, San Antonio, TX, for Defendants-Appellants.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

This is an appeal from the denial of a motion to dismiss on the basis of qualified immunity.

Ricardo Rios II (Rios), joined by his wife and minor children, filed this suit in November 2003 against the City of Del Rio, Texas, its Chief of Police Manuel Herrera (Herrera), and its police officer Wesley Wilson (Wilson), seeking to recover, under 42 U.S.C. § 1983 and state law, damages for personal injuries sustained when, on the evening...

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