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SIMMONS v. CITY OF PARIS, TEX.

No. 03-41291.

378 F.3d 476 (2004)

Charlie SIMMONS and Charlotte Handley, on Their Own Behalf And As Next Friends for Their Children Dustin Handley, A Minor and Angelica Handley, A Minor, Plaintiffs-Appellees, v. CITY OF PARIS, TEXAS, et al., Defendants, Bill McFadden; Shane Stone; Leigh Foreman; Tommy Moore; Rhonda Gustin, Matt Birch; DeWayne Kile, Chris Brooks, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 20, 2004.

Attorney(s) appearing for the Case

Timothy Borne Garrigan (argued), Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Plaintiffs-Appellees.

Darren Keith Coleman (argued), Boon, Shaver, Echols & Coleman, Longview, TX, for McFadden, Stone, Foreman, Moore, Gustin, Birch and Kyle.

Christi Johnson Kennedy, Robert Scott Davis (argued), Flowers Davis, Tyler, TX, for Brooks.

Before SMITH, PRADO and PICKERING, Circuit Judges,

PICKERING, Circuit Judge:

Bill McFadden, Shane Stone, Leigh Foreman, Tommy Moore, DeWayne Kyle, Rhonda Gustin, and Matt Birch, who are police officers employed by the City of Paris, Texas, along with Chris Brooks, a Deputy Sheriff of Lamar Country, Texas (collectively the "defendants"), appeal the district court's interlocutory order which partially denied their motion for summary judgment based on qualified immunity. The district court found that the defendants were...

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