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RICH v. PALKO

No. 18-40415.

920 F.3d 288 (2019)

Jeri Lynn RICH, as representative for Gavrila Covaci Dupuis-Mays, an incapacitated person, Plaintiff-Appellee, v. Michael PALKO; Keith Duane Hudgens, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED April 3, 2019.

Attorney(s) appearing for the Case

John Edward Wall, Jr. , Law Offices of John E. Wall, Jr., Dallas, TX, Clay A. Hartmann , Hartmann Firm, P.C., Dallas, TX, for Plaintiff-Appellee.

William Wayne Krueger, III, Esq. , Christopher Michael Lowry , McKamie Krueger, L.L.P., Richardson, TX, Benjamin Gibbs , Taylor, Olson, Adkins, Sralla & Elam, L.L.P., Fort Worth, TX, for Defendants-Appellants.

Before KING, SMITH, and WILLETT, Circuit Judges.

Jeri Rich sued Michael Palko and Keith Hudgens of the McKinney Police Department ("MPD") on behalf of her adopted son, Gavrila Dupuis-Mays, who has been declared an incapacitated person by the State of Texas. Rich sought damages under 42 U.S.C. § 1983, alleging that the officers had violated Dupuis-Mays's Fourth...

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