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SANDERS-BURNS v. CITY OF PLANO

No. 08-40459.

578 F.3d 279 (2009)

Linda SANDERS-BURNS, Individually and as an heir of the Estate of Anthony Demille Sanders, deceased, Plaintiff-Appellant, v. CITY OF PLANO; Joseph Cabezuela, Police Officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 7, 2009.

Attorney(s) appearing for the Case

Michael R. Dezsi (argued), Paul W. Broschav, Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, MI, for Sanders-Burns.

Paul King Pearce, Jr. (argued), Timothy Allen Dunn, Matthews, Stein, Shields, Pearce, Knott, Eden & Davis, Dallas, TX, for City of Plano.

James Thomas Jeffrey, Jr. (argued), Law Offices of Jim Jeffrey, Arlington, TX, Paul King Pearce, Jr. (argued), Matthews, Stein, Shields, Pearce, Knott, Eden & Davis, Dallas, TX, for Cabezuela.

Before KING, STEWART and SOUTHWICK, Circuit Judges.

CARL E. STEWART, Circuit Judge:

On February 10, 2005, Officer Joseph Cabezuela ("Cabezuela") responded to an altercation involving Anthony Sanders ("Sanders") and his neighbor. Cabezuela handcuffed Sanders and left him on his stomach face down against the floor while he questioned others in the home regarding the altercation. Sanders died from positional asphyxia. On October 17, 2006, Sanders's mother, Linda Sanders-Burns ("Sanders-Burns"), filed a complaint under...

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