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PEÑA ARITA v. U.S.

Civil Action No. 7:19-cv-00288.

470 F.Supp.3d 663 (2020)

Orlanda del Carmen PEÑA ARITA, individually and as next friend of D.M.A. and C.M.A. and as representative of the Estate of Marco Antonio Muñoz, Plaintiffs, v. UNITED STATES of America; Alvaro A. Guajardo-Martinez, in individual capacity; Christopher R. Garza, in individual capacity; Abram Lerma, in individual capacity; Jorge Flores, in individual capacity; Unknown United States Customs and Border Protection Agents; County of Starr, Texas; Rene "Orta" Fuentes, in official capacity; Hector Lopez III, in official and individual capacity; Crecencio Galvan, in official and individual capacity; Evelario Garza, in official and individual capacity; Clyde Guerra, in official and individual capacity; Alex Garcia, in official and individual capacity; Sammy Marroquin, in official and individual capacity; Raul Garcia, in official and individual capacity; and Unknown Starr County Detention Officers, Defendants.

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

Signed June 30, 2020.

Attorney(s) appearing for the Case

Andrew George Udelsman , Erin D. Thorn , Ricardo Amado Garza , Efren Carlos Olivares , Texas Civil Rights Project, Alamo, TX, Daniel E. Vargas , The Vargas Law Office, Edinburg, TX, John Gregory Escamilla , Escamilla Law Firm, McAllen, TX, Zachary David Dolling , Texas Civil Rights Project, Houston, TX, for Plaintiffs.

Robert S. Davis , Flowers Davis PLLC, Tyler, TX, for Defendants.

OPINION AND ORDER

The Court now considers 29 briefs: "Defendant United States of America's Motion to Dismiss All Claims in Plaintiffs' Second Amended Complaint Against Defendant United States of America;"1 Plaintiffs' response;

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