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WERNECKE v. GARCIA

No. 09-40132.

591 F.3d 386 (2009)

Edward WERNECKE, Individually; Michelle Wernecke, Individually; KW, a minor, by and through her parents and legal guardians Edward Wernecke and Michelle Wernecke; JW, a minor, by and through his parents and legal guardians, Edward Wernecke and Michelle Wernecke; JW, a minor, by and through his parents and legal guardians, Edward Wernecke and Michelle Wernecke; JW, a minor, by and through his parents and legal guardians, Edward Wernecke and Michelle Wernecke, Plaintiffs-Appellees, v. Linda Kim GARCIA, in her individual capacity; Claira Trainer, in her individual capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 15, 2009.

Attorney(s) appearing for the Case

William Charles Bundren (argued), Wm. Charles Bundren & Associates, Frisco, TX, for Plaintiffs-Appellees.

Beth Ellen Klusmann (argued), Office of Sol. Gen. for TX, Terence L. Thompson, Office of Atty. Gen., Gen. Lit. Div., Austin, TX, Defendants-Appellants.

Before KING, DAVIS and BENAVIDES, Circuit Judges.

KING, Circuit Judge:

Edward and Michelle Wernecke and their four minor children (KW, JW, JW, and JW) brought suit under 42 U.S.C. § 1983 against Linda Kim Garcia and Claira Trainer for alleged violations of the Fourth and Fourteenth Amendments. The Werneckes allege that Garcia and Trainer illegally searched their residence without a warrant and seized three of the children without a custody order. Garcia and Trainer bring an interlocutory appeal of the district...

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