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DARDEN v. CITY OF FT. WORTH, TEXAS

No. 16-11244.

866 F.3d 698 (2017)

Eric C. DARDEN, as Administrator of the Estate of Jermaine Darden and on behalf of the statutory beneficiaries of the Estate of Jermaine Darden (which are Donneika Goodacre-Darden, surviving mother of Jermaine Darden, Charles H. Darden, surviving father of Jermaine Darden), Plaintiff-Appellant, v. CITY OF FORT WORTH, TEXAS; W. F. Snow; J. Romero, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 9, 2017.

Attorney(s) appearing for the Case

Matthew J. Kita , Daryl Kevin Washington, Esq. , Attorney, Law Offices of Daryl K. Washington, P.C., Dallas, TX, for Plaintiff-Appellant.

Laetitia Coleman Brown , Attorney, City Attorney's Office for the City of Fort Worth, Lee Thomas, Jr. , Law Office of D. Lee Thomas, Fort Worth, TX, Kenneth E. East, Esq. , Foster & East, North Richland Hills, TX, for Defendants-Appellees.

Before KING, PRADO, and SOUTHWICK, Circuit Judges.

Fort Worth Police Officers W.F. Snow and Javier Romero arrested Jermaine Darden, a black man who was obese, while executing a no-knock warrant at a private residence. In arresting Darden, the officers allegedly threw him to the ground, tased him twice, choked him, punched and kicked him in the face, pushed him into...

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