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KITCHEN v. DALLAS COUNTY, TEX.

No. 13-10545.

759 F.3d 468 (2014)

Denise KITCHEN, Individually and as Representative of the Estate of Gregory Maurice Kitchen, Deceased, Plaintiff-Appellant v. DALLAS COUNTY, TEXAS; Unknown Dallas County Correctional Officers; Anthony Benson, Dallas County Detention Officer; David Garrett, Dallas County Detention Officer; Gregory Myers, Dallas County Detention Officer; David Roberts, Dallas County Detention Officer; Rene Guzman, Dallas County Detention Officer; Ta'mon Haggerty, Dallas County Detention Officer; Ollie Polk, Jr., Dallas County Detention Officer; Jeree Hall, Dallas County Detention Officer; Marquita Gray, Dallas County Detention Officer; Jeremiah Mosley, Dallas County Detention Officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 17, 2014.

Attorney(s) appearing for the Case

James Douglas Montgomery, Jr. , John K. Kennedy (argued), Cochran, Cherry, Givens, Smith & Montgomery, L.L.C. Chicago, IL, Aubrey Dale Pittman , Pittman Law Firm, P.C., Dallas, TX, for Plaintiff-Appellant.

Dolena Tutt Westergard (argued), District Attorney's Office, Dallas, TX, for Defendants-Appellees.

Before: DAVIS, ELROD, and COSTA, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff-Appellant, the widow of Gregory Maurice Kitchen ("the deceased"), brings several constitutional claims under 42 U.S.C. § 1983 against Defendants-Appellees. First, Plaintiff-Appellant claims that individual Defendants-Appellees used excessive force against the deceased to extract him from his jail cell while in pretrial detention at Dallas County Jail, which resulted in the deceased's asphyxiation and death. Second, Plaintiff...

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