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ROCKWELL v. BROWN

No. 10-11053.

664 F.3d 985 (2011)

Richard ROCKWELL, Individually and as Co-Administrator of the Estate of Scott Rockwell, Deceased; Cindy Rockwell, Individually and as Co-Administrator of the Estate of Scott Rockwell, Deceased, Plaintiffs-Appellants, v. Lieutenant William H. BROWN; Officer David J. Scicluna; Officer Dustin D. Raley; Officer Colleen Ohlde; Officer Billy Burleson; Officer Mario Garcia, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 15, 2011.

Attorney(s) appearing for the Case

Christopher Lee Barnes (argued), Michael F. Pezzulli , Pezzulli Barnes, L.L.P., Dallas, TX, for Plaintiffs-Appellants.

Scott Douglas Levine (argued), Baxter Banowsky , Banowsky & Levine, P.C., Dallas, TX, for Defendants-Appellees.

Before JOLLY, DeMOSS and PRADO, Circuit Judges.

PRADO, Circuit Judge:

On February 14, 2006, six police officers from the Garland, Texas police department breached the locked door to the private bedroom of Richard and Cindy Rockwell's 27-year-old son, Scott, to arrest him for threatening his mother. Scott attacked the officers with two knives, and in the ensuing melee, the officers shot and killed him. The Rockwells sued the officers for excessive force, assault and battery, and unlawful entry. The district court...

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