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HARMON v. CITY OF ARLINGTON, TEXAS

No. 20-10830.

16 F.4th 1159 (2021)

Terrence HARMON; Sherley Woods, as Administratrix for the Estate of O'Shae Terry, Plaintiffs-Appellants, v. CITY OF ARLINGTON, TEXAS; Bau Tran, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed October 26, 2021.

Attorney(s) appearing for the Case

Devi Rao , Damilola G. Arowolaju , Roderick & Solange MacArthur Justice Center, Washington, DC, John Joseph Coyle, III, Esq. , McEldrew Young, Philadelphia, PA, for Plaintiffs-Appellants.

Robert Harris Fugate , Deputy City Attorney, Cynthia Jane Withers, Esq. , Assistant City Attorney, City Attorney's Office for the City of Arlington, Arlington, TX, for Defendant-Appellee City of Arlington, Texas.

James Thomas Jeffrey, Jr., Esq. , Law Offices of Jim Jeffrey, Arlington, TX, for Defendant-Appellee Bau Tran.

Jay Remington Schweikert , Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.

Before JONES, SOUTHWICK, and ENGELHARDT, Circuit Judges.

Officer Bau Tran fatally shot O'Shae Terry, who was trying to drive his SUV away while Tran stood on the vehicle's running board. Terry's estate and Terrence Harmon, a passenger in the car, sued Tran under 42 U.S.C. § 1983 for using excessive force. Tran moved to dismiss the case based on qualified immunity. His...

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