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CARNABY v. CITY OF HOUSTON

No. 09-20825.

636 F.3d 183 (2011)

Susan CARNABY, Individually and as Representative of the Estate of Roland Carnaby, Deceased, Plaintiff-Appellant, v. CITY OF HOUSTON; Charles Foster, HPD Officer; Andrew J. Washington, HPD Officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 22, 2011.

Attorney(s) appearing for the Case

Randall Lee Kallinen (argued), Law Office of Randall L. Kallinen, Houston, TX, for Carnaby.

Andrea Chan , Sr. Asst. City Atty. (argued), City of Houston Legal Department, Houston, TX, for Defendants-Appellees.

Katharine D. David , Sandy Dian Hellums , Michael Anthony Stafford , Casey T. Wallace, Haynes & Boone, L.L.P., Houston, TX, for City of Houston.

L.A. Teehan , City of Houston Legal Department, Houston, TX, for Foster and Washington.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Plaintiff Susan Carnaby ("Mrs. Carnaby"), individually and as a representative of the estate of her husband Roland Carnaby ("Carnaby"), appeals a summary judgment for defendant City of Houston and Police Officers Charles Foster and Andrew Washington. Finding no error, we affirm.

I.

In April 2008, Carnaby was pulled over for speeding by a Houston Police Department ("HPD") officer, Charles Starks.1<...

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