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ELIZONDO v. GREEN

Nos. 10-11177, 11-10309.

671 F.3d 506 (2012)

Jose ELIZONDO; Alicia Elizondo, Individually and as Representatives of the Estate of Ruddy Elizondo, Plaintiffs-Appellants, v. W.M. GREEN, Officer, Defendant-Appellee. Jose Elizondo; Alicia Elizondo, Individually and as Representatives of the Estate of Ruddy Elizondo, Plaintiffs-Appellants, v. The City of Garland, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 13, 2012.

Attorney(s) appearing for the Case

Geoff J. Henley , David Frank Gonzales , Henley & Henley, P.C., David D. Davis , Dallas, TX, for Plaintiffs-Appellants.

Scott Douglas Levine , Baxter Banowsky , Banowsky & Levine, P.C., Dallas, TX, for Defendant-Appellee.

Before DeMOSS, CLEMENT and ELROD, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Jose and Alicia Elizondo (the "Elizondos"), individually and on behalf of the estate of Ruddy Elizondo ("Ruddy"), appeal from two separate district court orders granting summary judgment to Officer W.M. Green and the City of Garland, Texas (the "City"), on their claims pursuant to 42 U.S.C. § 1983 that Green used excessive force against Ruddy in violation of the Fourth Amendment. We affirm.

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