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COLE v. CARSON

Nos. 14-10228, 15-10045.

802 F.3d 752 (2015)

Randy COLE; Karen Cole; Ryan Cole, Plaintiffs-Appellees v. Carl CARSON, Defendant-Appellant. Randy Cole; Karen Cole; Ryan Cole, Plaintiffs-Appellees v. Michael Hunter; Martin Cassidy, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 25, 2015.

Attorney(s) appearing for the Case

Rowe Jack Ayres, Jr., Christopher Scott Ayres, Esq. (argued), Ayres Law Office, Addison, TX, James Mark Mann, Mann Firm, Henderson, TX, for Plaintiffs-Appellees Randy Cole, Karen Cole and Ryan Cole.

James Thomas Jeffrey, Jr., Esq. (argued), Law Offices of Jim Jeffrey, Arlington, TX, Norman Ray Giles, William S. Helfand, Chamberlain, Hrdlicka, White, Williams & Aughtry, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, CLEMENT, and HIGGINSON, Circuit Judges.

Seventeen-year-old Ryan Cole was severely injured in an armed encounter with police. Ryan and his parents, Karen and Randy Cole ("the Coles"), brought suit against Officers Michael Hunter and Martin Cassidy, alleging that they violated Ryan's Fourth Amendment right not to be subjected to excessive force. They...

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