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MALINA v. GONZALES

No. 91-3757.

994 F.2d 1121 (1993)

Thomas Martin MALINA and Mrs. Thomas Martin Malina, Plaintiffs-Appellees, v. Judge Douglas GONZALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 26, 1993.

Attorney(s) appearing for the Case

Charles L. Patin, Jr., Charles S. McCowan, Jr., Roy A. Mongrue, Jr., Asst. Atty. Gen., Louisiana Dept. of Justice, Baton Rouge, LA, for defendant-appellant.

Theodor Allen Schirmer, Baton Rouge, LA, for plaintiffs-appellees.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and RAINEY, District Judge:

JOHN D. RAINEY, District Judge:

This is an appeal from the denial of a motion to dismiss based on the district court's finding that a state district judge did not have immunity for his actions.

While driving home from work one night on Interstate 10, Plaintiff-Appellee Thomas Malina passed to the right of a slow moving vehicle. Malina honked his horn and motioned to the driver, who was Defendant-Appellant Judge Douglas Gonzales, of the Nineteenth Judicial...

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