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RAMIREZ v. ESCAJEDA

No. 21-50858.

44 F.4th 287 (2022)

Maria RAMIREZ, as Representative of the Estate and Statutory Death Beneficiary of Daniel Antonio Ramirez; Pedro Ramirez, as Representative of the Estate and Statutory Death Beneficiary of Daniel Antonio Ramirez, Plaintiffs-Appellees, v. Ruben ESCAJEDA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 10, 2022.

Attorney(s) appearing for the Case

Lynn Anne Coyle , Christopher Charles Benoit, Esq. , Coyle & Benoit, P.L.L.C., El Paso, TX, for Plaintiffs-Appellees.

James O. Darnell, Esq. , James O. Darnell, Jr. , Jim Darnell, P.C., El Paso, TX, for Defendant-Appellant.

Before Jones, Stewart, and Duncan, Circuit Judges.

Rushing to the scene of an ongoing suicide, El Paso Police Officer Ruben Escajeda, Jr., found Daniel Ramirez in the process of hanging himself from a basketball hoop. But it was dark, Escajeda was afraid Daniel might have a weapon, and Daniel did not respond to Escajeda's orders to show his hands. So Escajeda tased...

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