SWEETIN v. CITY OF TEXAS CITY, TEXAS

No. 21-40784.

48 F.4th 387 (2022)

Zane SWEETIN; Rebecca Foster, as personal representative and next friend of A.S., a minor, in place and stead of Michael Stefek, deceased, Plaintiffs-Appellants, v. CITY OF TEXAS CITY, TEXAS; Wendell Wylie, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 2, 2022.


Attorney(s) appearing for the Case

Randall Lee Kallinen, Esq. , Alexander Charles Johnson , Kallinen Law, P.L.L.C., Houston, TX, for Plaintiffs-Appellants.

Susan L. Bickley , Emery Gullickson Richards , Counsel, Blank Rome, L.L.P., Houston, TX, for Defendants-Appellees.

Before Stewart, Elrod, and Graves, Circuit Judges.


Texas City's "permit officer" handles applications for ambulance permits for the City. One day, he spotted an ambulance without a permit. He knew he was powerless to issue citations to the drivers himself, so he summoned someone who could (the Fire Marshal). While waiting for the Fire Marshal to show up, the...

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