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THOMPSON v. MERCER

No. 13-10773.

762 F.3d 433 (2014)

Troy THOMPSON, Individually, and as Heir to the Estate of Keith Thompson; Teresa Thompson, Individually, and as Heir to the Estate of Keith Thompson, Plaintiffs-Appellants, v. Sheriff Ira A. MERCER; Palo Pinto County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 7, 2014.

Attorney(s) appearing for the Case

Peter Christian Smythe , Peter Smythe, P.C., Arlington, TX, Bart Behr , Behr Law Firm, San Marcos, TX, for Plaintiffs-Appellants.

Grant David Blaies, Esq. , Blaies & Hightower, L.L.P., Fort Worth, TX, for Defendants-Appellees.

Before DAVIS, SMITH, and BENAVIDES, Circuit Judges.

FORTUNATO P. BENAVIDES, Circuit Judge:

Keith Thompson ("Keith") was killed when Palo Pinto County Sheriff Ira Mercer ended a two-hour high-speed chase by firing an assault rifle into the vehicle Keith had stolen. Keith's parents ("the Thompsons") brought the present action against Mercer and the County pursuant to state law and 42 U.S.C. § 1983, alleging that Mercer used excessive force in apprehending the suspect. The district court granted the defendants' joint...

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