armed and asked Constable Waters why he shot her. She testified that she heard the other officers asking Defendant Waters why he shot her and inquiring as to what he was doing in the house. It is *729 undisputed that Plaintiff Johnson was injured and that she has undergone several operations as a result.
Plaintiff Johnson filed suit under 42 U.S.C. § 1983 against Deputy Constable Mark Waters, Constable Dennis Taylor, Smith County Sheriff J.B. Smith, Tyler Police Chief Gary Swindle, Smith County, Texas, City of Tyler, Texas, and Unknown John Does of Smith County and City of Tyler Law Enforcement Officers,[2] claiming that the unlawful warrantless entry into her home amounted to an unlawful search in contravention of the Fourth Amendment; that the subsequent search of her homeEdinburgh residence, Constable Waters testified that an unanticipated suspect, later identified as Edward C. Neal, was at the residence with Donald Ray Johnson. Constable Waters stated that the arrest and apprehension of Johnson and Neal occurred in the front yard/driveway area, in close proximity to the residence in question. Constable Waters testified that he did not know who else was in the residence that might pose a danger to themselves or others. He testified that the did not know where the previously reported black female was or whether she presented a danger to the officers and others. Constable Waters testified that his attention was drawn toward the front of the residence where he observed a small child standing between him and an open front door. He stated that