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VALLE v. CITY OF HOUSTON

No. 09-20624.

613 F.3d 536 (2010)

Jose VALLE, Individually and as Representative of the Estate of Omar Esparza; Asuncion Valle, Plaintiffs-Appellants, v. CITY OF HOUSTON, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 30, 2010.

Attorney(s) appearing for the Case

Roger Alan Rider (argued), Rider Law Firm, Sugar Land, TX, for Plaintiffs-Appellants.

Andrea Chan, Senior Asst. City Atty. (argued), Houston, TX, for Defendant-Appellee.

Before JOLLY and GARZA, Circuit Judges and STARRETT, District Judge.

EMILIO M. GARZA, Circuit Judge:

Omar Esparza was shot and killed by Houston police officers during an incident at his family's home. His parents, Plaintiffs-Appellants Jose and Asuncion Valle (the "Valles"), individually and as representatives of their son's estate, sued the City of Houston ("City") seeking relief under 42 U.S.C. § 1983. The district court granted summary judgment in the City's favor on all claims. For the reasons set forth below, we AFFIRM....

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