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McINTOSH v. SMITH

Civil Action No. H-07-3654.

690 F.Supp.2d 515 (2010)

Danetta McINTOSH, Individually and on Behalf of the Estate of Robert McIntosh, Deceased, Plaintiff, v. Leonard P. SMITH, Individually and in His Official Capacity, and the City of Houston, Defendants.

United States District Court, S.D. Texas, Houston Division.

February 2, 2010.

Attorney(s) appearing for the Case

Derek Shawn Merman, Simon & Luke, LLP, Houston, TX, for Plaintiff.

L.A. Teehan, City of Houston Legal Dept., Houston, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

SIM LAKE, District Judge.

Plaintiff, Danetta McIntosh, as administrator of the Estate of Robert McIntosh (McIntosh), brings this action against defendants, Leonard P. Smith, a Houston Police Officer, and the City of Houston, pursuant to 42 U.S.C. § 1983 and the Texas Tort Claims Act, Tex. Civ. Prac. & Rem.Code § 101.021, et seq., for claims arising from McIntosh's death as Smith was attempting to arrest...

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