JAMES v. HARRIS COUNTY

No. 07-20725.

577 F.3d 612 (2009)

Julian JAMES, Individually; Daphne Bates Harrison, Individually and as Representative of the Estate of Hiji Eugene Harrison, Deceased, and as Next Friend of H.E.H. a Minor, Plaintiffs-Appellants, v. HARRIS COUNTY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 2009.


Attorney(s) appearing for the Case

Robert Lee Galloway, Law Office of Robert L. Galloway, Benjamin Lewis Hall, III, The Hall Law Firm, T. Gerald Treece (argued), South Texas College of Law, Brian Weil Zimmerman, Zimmerman, Axlerad, Meyer, Stern & Wise, Houston, TX, for Plaintiffs-Appellants.

Lisa Rice Hulsey, George Andrew Nachtigall, Bruce S. Powers, Asst. Cty. Atty. (argued), Houston, TX, Michael Paul Fleming, Michael P. Fleming & Associates, P.C., Houston, TX, for Defendant-Appellee.

Before JOLLY, SMITH and BENAVIDES, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this 42 U.S.C. § 1983 case, the plaintiffs seek to impose municipal liability on Harris County, Texas, for the death of their family relative who was killed by a deputy sheriff who was allegedly engaging in unconstitutional excessive force during an arrest. They allege the County is liable for the deputy's unconstitutional acts under Monell v. Department of Social Services, 436 U.S. 658...

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