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ONTIVEROS v. CITY OF ROSENBERG, TEX.

No. 08-20081.

564 F.3d 379 (2009)

Maria ONTIVEROS, Individually, and as Next Friend of Modesto Ontiveros, Deceased; Martha Duran; Modesto Ontiveros Jr.; and Erika Zamora, Plaintiffs-Appellants, v. CITY OF ROSENBERG, TEXAS; Robert Garcia, Chief of Police; and Dewayne Logan, Officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 30, 2009.

Attorney(s) appearing for the Case

Lanny D. Ray (argued), James Hans Barcus, Cantrell, Ray, Maltsberger & Barcus, LLP, Huntsville, TX, Seth A. Nichamoff, Bellaire, TX, for Plaintiffs-Appellants.

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

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

EDITH H. JONES, Chief Judge:

On Sunday, October 17, 2004, police officer Logan fatally shot Modesto Ontiveros while executing a warrant for his arrest. The plaintiffs, surviving family members, brought the current action under 42 U.S.C. § 1983, asserting that Logan used excessive force and that his actions were ratified by the City when it reinstated and later promoted him to lieutenant. In a detailed and well-reasoned opinion, the district court granted summary...

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