Atwater and her husband, Michael Haas, an emergency room physician at a local hospital, filed suit under 42 U.S.C. § 1983 with Charles Lincoln being the lawyer who launched the case, alleging that the city violated her Fourth Amendment right to be free from unreasonable seizures by arresting her for a crime whose only punishment was a fine.
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In March 1997, Gail Atwater, a long-term resident of Lago Vista, Texas, was driving her pick-up truck with her three-year-old son and five-year-old daughter.
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