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SERNA v. CITY OF SAN ANTONIO

No. 99-50775.

244 F.3d 479 (2001)

Onofre SERNA, Plaintiff-Appellee, v. The CITY OF SAN ANTONIO; Al Philippus, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Revised April 9, 2001.

Attorney(s) appearing for the Case

Bruce J. Mery (argued), Law Offices of Bruce J. Mery, San Antonio, TX, D. Douglas Brothers, John Wiley Thomas (argued), Brothers & Thomas, Austin, TX, for Serna.

Wallace Bernard Jefferson, Jacqueline Marie Stroh (argued), Crofts, Callaway & Jefferson, Deborah Lynne Klein, Asst. City Atty., Lit. Div., Mark Kosanovich, Fitzpatrick & Kosanovich, San Antonio, TX, for Defendants-Appellants.

Before JOLLY and DAVIS, Circuit Judges, and RESTANI, Judge.

W. EUGENE DAVIS, Circuit Judge:

Onofre Serna, a police officer in the City of San Antonio, Texas, sued the City of San Antonio and its Chief of Police, Al Philippus, for transferring him to a different unit on the police force in retaliation for his reporting illegal orders issued by his commanding officer. The district court entered a judgment for Serna after a jury returned a verdict for Serna on both his 42 U.S.C. § 1983 claims and his claim under the Texas...

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