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BAKER v. CITY OF McKINNEY, TEXAS

No. 22-40644.

84 F.4th 378 (2023)

Vicki BAKER, Plaintiff-Appellee, v. CITY OF MCKINNEY, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED October 11, 2023.

Attorney(s) appearing for the Case

Jeffrey H. Redfern (argued), William R. Aronin , Robert McNamara , Suranjan Matthew Sen , Institute for Justice, Arlington, VA, for Plaintiff-Appellee.

Edwin Armstrong Price Voss, Jr., Esq. (argued), Brown & Hofmeister, L.L.P., Richardson, TX, for Defendant-Appellant.

Sam Spiegelman, Esq. , Pacific Legal Foundation, Seattle, WA, for Amicus Curiae Pacific Legal Foundation.

David Steven Coale, Esq. , Lynn Pinker Hurst & Schwegmann, L.L.P., Dallas, TX, for Amici Curiae Leo Lech, Alfonsina Lech.

Before Smith, Higginson, and Willett, Circuit Judges.

When an armed fugitive held a 15-year-old girl hostage inside plaintiff-appellee Vicki Baker's home, City of McKinney (the "City") police officers employed armored vehicles, explosives, and toxic-gas grenades to resolve the situation. The parties agree the officers only did what was necessary in an active emergency...

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