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Pineda v. City of Houston

Eleven incidents, each ultimately offering equivocal evidence of compliance with the Fourth Amendment, cannot support a pattern of illegality in one of the nation's largest cities and police forces.

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Houston police officers shot and killed Pedro Oregon Navarro following an unconstitutional warrantless entry into his residence. Members of his family filed this suit asserting a � 1983 claim against the City of Houston, as well as supplemental state claims. The district court granted summary judgment to the City on the � 1983 claim and dismissed the supplemental claims with prejudice. This appeal followed. We affirm the grant of summary judgment as to the � 1983 claim and modify the order dismissing the state claims to provide that those claims are dismissed without prejudice.

I.

On July 11, 1998, Houston police officers and members of the Southwest Gang Task Force Pete Herrada and J.R. Willis were patrolling in southwest Houston when they stopped a car for a traffic violation.*fn1 This stop led to the arrest of the driver, Ryan Baxter, who volunteered to give information about his drug supplier, a person called Rogelio, in exchange for lenient treatment. The two officers contacted the other members of the SWGTF. Sergeant Darrell Strouse and officers David Perkins, Lamont Tillery, and David Barrera, also members of the task force, joined Herrada and Willis. Together they devised a plan for expanding the catch.

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