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HITT v. CONNELL

Nos. 01-50117, 01-51010.

301 F.3d 240 (2002)

Harold Merritt HITT, Plaintiff-Counter-Defendant-Appellee, v. Jerry CONNELL, Etc.; et al., Defendants, Jerry Connell, Bexar County Constable, Precinct 2, Individually and in His Official Capacity, Defendant-Counter-Claimant-Appellant. Harold Merritt Hitt, Plaintiff-Appellee, v. Jerry Connell, Etc.; et al., Defendants, Jerry Connell, Bexar County Constable, Precinct 2, Individually and in his official capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 2002.

Attorney(s) appearing for the Case

James D. Guess, San Antonio, TX, for Hitt.

Leslie J.A. Sachanowicz, San Antonio, TX, Daniel C. Andrews, Jones, Kurth, Andrews & Ortiz, San Antonio, TX, for Connell.

Before JONES, EMILIO M. GARZA and STEWART, Circuit Judges.

EDITH H. JONES, Circuit Judge:

In this 42 U.S.C. § 1983 action, the jury found that Bexar County, Texas, Constable Jerry Connell fired deputy constable Harold Merritt Hitt in retaliation for Hitt's exercise of his First Amendment right to freedom of association. The jury awarded Hitt $300,000 in compensatory damages, three-fourths of which was for non-pecuniary harms like "mental and emotional distress". The district court subsequently awarded Hitt approximately...

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