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HINOJOSA v. BUTLER

No. 07-50566.

547 F.3d 285 (2008)

Ralph HINOJOSA, Plaintiff-Appellant, v. Officer Israel BUTLER, Individually and in his Official Capacity as a City of San Antonio Police Officer; City of San Antonio, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 23, 2008.

Attorney(s) appearing for the Case

Alex Arthur Castetter (argued), Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Hinojosa.

Albert Lopez (argued), Deborah L. Leach, Law Offices of Albert Lopez, San Antonio, TX, for Butler.

Shawn Kevin Fitzpatrick (argued), San Antonio, TX, for City of San Antonio.

Before KING, WIENER, and ELROD, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

Appellant Ralph Hinojosa appeals the district court's grant of summary judgment in favor of the City of San Antonio on his § 1983 excessive force and deliberate indifference claims. He also appeals the district court's judgment in favor of San Antonio police officer Israel Butler on the same claims. We affirm the district court's grant of summary judgment in favor of the City, but reverse and remand for a new trial on the issue...

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