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MEADOURS v. ERMEL

No. 05-20764.

483 F.3d 417 (2007)

Stennie MEADOURS, Individually and as Personal Representative of the Estate of Robert Meadours; Bruce Meadours, Individually and as Personal Representative of the Estate of Robert Meadours; and Katie Raterink, Plaintiffs-Appellees, v. Steven R. ERMEL, et al., Defendants, Steven R. Ermel; Jeffrey Dalton; Jeffrey N. Kominek; Steven M. Martin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 2, 2007.

Attorney(s) appearing for the Case

John Jeffery Mundy (argued), Mundy & Singley, Austin, TX, for Plaintiffs-Appellees.

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

Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

DeMOSS, Circuit Judge:

The Defendants-Appellants, four City of La Porte, Texas police officers (collectively, "the officers"), shot and killed Bob Meadours in October 2001. Meadours' estate, his parents, and sister (collectively, "Plaintiffs" or "Appellees") brought a claim under 42 U.S.C. § 1983 asserting that the officers used excessive force. They also brought state law tort claims. The officers moved for summary judgment on the basis of qualified immunity...

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