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HATHAWAY v. BAZANY

No. 06-50602.

507 F.3d 312 (2007)

Harry HATHAWAY, Individually and as Personal Representative of the Estate of Jon-Eric Hathaway, Deceased; Erica Hathaway, Individually and as Personal Representative of the Estate of Jon-Eric Hathaway, Deceased, Plaintiffs-Appellants, v. Steven BAZANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 1, 2007.

Attorney(s) appearing for the Case

Ricky James Poole (argued), Law Offices of Ricky J. Poole, San Antonio, TX, for Plaintiffs-Appellants.

Shawn Kevin Fitzpatrick (argued), San Antonio, TX, for Defendant-Appellee.

Before GARWOOD, JOLLY and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal raises questions of excessive force under the Fourth Amendment involving the shooting death of a teenage driver by a policeman who was struck by the car as it sped away after a traffic stop. Harry and Erica Hathaway, parents of the teenager, appeal the summary judgment granting police officer Steven Bazany qualified immunity. The Hathaways also appeal the district court's exclusion of expert witness evidence offered in reply...

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