HERNANDEZ v. MAXWELL

No. 90-8062 Summary Calendar.

905 F.2d 94 (1990)

Antonio Gomez HERNANDEZ, Plaintiff-Appellant, v. Phillip MAXWELL and Midland Police Department, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 10, 1990.


Attorney(s) appearing for the Case

Antonio Hernandez, Lovelady, Tex., pro se.

Dorothy G. Palumbo, D. Kirk Swinney, Midland, Tex., for defendants-appellees.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.


POLITZ, Circuit Judge:

The district court granted defendants' Fed.R.Civ.P. 12(b)(6) motion to dismiss the 42 U.S.C. § 1983 suit filed pro se by Antonio Gomez Hernandez against the Midland, Texas Police Department and Detective Phillip Maxwell. Concluding that Hernandez has stated a cause upon which the requested relief may be granted, we vacate and remand for further proceedings.

Background

On June 9, 1987 members of the Midland...

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