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PEÑA v. CITY OF RIO GRANDE CITY

No. 16-41522.

879 F.3d 613 (2018)

Maria v. PEÑA, Individually and as Next Friend of M.J.P. and a Minor; Daniel Peña, Plaintiffs-Appellants, v. CITY OF RIO GRANDE CITY, Texas; Rosa Salinas, in Her Individual and Official Capacity; Lieutenant Jose Solis, in His Individual and Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 12, 2018.

Attorney(s) appearing for the Case

Tillman J. Breckenridge , Bailey Glasser, L.L.P., Washington, DC, Carlos Omar Escobar , Escobar Law Firm, P.L.L.C., McAllen, TX, for Plaintiffs-Appellants.

J. Arnold Aguilar , Aguilar & Zabarte, L.L.C., Brownsville, TX, for Defendants-Appellees.

Before SMITH, OWEN, and HIGGINSON, Circuit Judges.

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the Texas Tort Claims Act ("TTCA").1 Upon...

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