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PETTA v. RIVERA

No. 95-40157.

143 F.3d 895 (1998)

Melinda PETTA, as Next Friend of Nikki Petta and Cavin Petta, Minors; Nikki Petta, a Minor; Cavin Petta, a Minor, Plaintiffs-Appellees, v. Adrian RIVERA, Individually and in his official capacity as Texas Department of Public Safety Highway Patrolman, Defendant-Appellant, and Texas Department of Public Safety, Defendant.

United States Court of Appeals, Fifth Circuit.

June 9, 1998.

Attorney(s) appearing for the Case

Roy Stewart Dale, William Daniel Mount, Jr., Dale & Klein, McAllen, TX, for Plaintiffs-Appellees.

Paul G. Kratzig, Corpus Christi, TX, for Nikki and Cavin Petta.

Demetri Anastasiadis, Austin, TX, for Rivera and Texas Dept. of Public Safety.

Before DUHÉ and DENNIS, Circuit Judges, and DUVAL, District Judge.

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing is DENIED. The original opinion and dissent2 are vacated and the following are substituted therefor.

Officer Adrian Rivera ("Rivera") appeals the district court's denial of his motion for summary judgment based on the defense of qualified immunity. For the reasons that follow, we reverse and render.

FACTUAL BACKGROUND<...

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