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KOVACIC v. VILLARREAL

No. 10-40208.

628 F.3d 209 (2010)

Dan KOVACIC, Individually, and With An Interest in the Estate of Zachary Kovacic, Deceased; Elizabeth Fox, Individually, and With An Interest in the Estate of Zachary Kovacic, Deceased; Erin Michelle Kovacic, Individually, and As Next Friend of Carley Nicole Kovacic, Both With An Interest in the Estate of Zachary Kovacic, Deceased, Carley Nicole Kovacic, Minor Child With an Interest in the Estate of Zachary Kovacic, Deceased, Plaintiffs-Appellees, v. Juan VILLARREAL, Individually, and In His Official Capacity; Jose D. Rubio, Individually, and In His Official Capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 16, 2010.

Attorney(s) appearing for the Case

Kari Bannon Brock (argued), Brock & Brock, P.C., San Antonio, TX, for Plaintiffs-Appellees.

Albert Lopez (argued), Law Office of Albert Lopez, San Antonio, TX, for Defendants-Appellants.

Before KING, GARWOOD and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiffs-appellees brought a 42 U.S.C. § 1983 claim against City of Laredo Police Officers Juan Villarreal and Jose D. Rubio to recover damages for the death of Zachary Kovacic. The issue on appeal is whether the defendants-appellants are entitled to summary judgment on the defense of qualified immunity. For the reasons stated below, we find that Officers Rubio and Villarreal are entitled to summary judgment and reverse the district...

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