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SURRATT v. McCLARIN

No. 16-40486.

851 F.3d 389 (2017)

Linda SURRATT, Individually and as heir and legal representative of the Estate of Lesa Ann Surratt, deceased, Plaintiff-Appellant v. Brian McCLARIN; City of Sherman; Tom Caver; Trevor Stevens, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 14, 2017.

Attorney(s) appearing for the Case

Roger Dickert Sanders, Sanders, O'Hanlon, Motley & Young, P.L.L.C., Sherman, TX, for Plaintiff-Appellant.

Darrell Gerard-Marc Noga, Cantey Hanger, L.L.P., Dallas, TX, Timothy Derek Carson, Cantey Hanger, L.L.P., Fort Worth, TX, for Defendants-Appellees.

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

In this qualified immunity case, the question on appeal is whether — in light of clearly established law at the time of the incident — officers acted objectively unreasonably when they applied force to the jaw and throat of a suspect who was believed to be hiding evidence in her mouth. Because we...

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