No. 08-40459.

594 F.3d 366 (2010)

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.

January 11, 2010.

Attorney(s) appearing for the Case

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

Paul King Pearce, Jr. (argued), Timothy Allen Dunn, Matthews, Stein, Shiels, Pearce, Knott, Eden & Davis, L.L.P., 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, Shiels, Pearce, Knott, Eden & Davis, L.L.P., Dallas, TX, for Cabezuela.

Robert Harris Fugate, Asst. City Atty., Arlington, TX, for Amici Curiae.

Before KING, STEWART and SOUTHWICK, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The opinion previously filed in this case, and reported at 578 F.3d 279, is withdrawn and the following is substituted therefor.

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...

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