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VALDERAS v. CITY OF LUBBOCK

No. 18-11023.

937 F.3d 384 (2019)

Paul Anthony VALDERAS, Plaintiff-Appellant v. CITY OF LUBBOCK, a political subdivision; Billy Mitchell, individually and his official capacity, Defendants-Appellees

United States Court of Appeals, Fifth Circuit.

May 21, 2019.

Attorney(s) appearing for the Case

Daniel A. Dailey , Kingdom Litigators, Inc. A Public Interest Law Firm, Dallas, TX, for Plaintiff-Appellant.

Jeffrey Clay Hartsell , City Attorney's Office for the City of Lubbock, Lubbock, TX, for Defendant-Appellee City of Lubbock.

David Leslie Kerby, Esq. , Camie Wade, Thompson & Kerby Law Office, Lubbock, TX, for Defendant-Appellee Billy Mitchell.

Before JOLLY, COSTA, and ENGELHARDT, Circuit Judges.

Paul Valderas appeals the district court's grant of summary judgment in favor of Officer Billy Mitchell dismissing Valderas's 42 U.S.C. § 1983 excessive force claim. Valderas contends that there were genuine issues of material fact regarding whether Officer Mitchell was reasonable in using deadly force. Valderas further contends that the...

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