ALLEN v. THOMAS

No. 03-21208.

388 F.3d 147 (2004)

Billy Frederick ALLEN, Plaintiff-Appellant, v. Johnny M. THOMAS; Ronnie Major; Robert Dickey; John Doe, #4; Doe, # 5, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 7, 2004.


Attorney(s) appearing for the Case

Billy Frederick Allen, Rosharon, TX, pro se.

Jacqueline Lee Haney, Asst. Atty. Gen., Amber Lea Adams, Austin, TX, for Johnny M. Thomas, Ronnie Major and Robert Dickey.

Before BENAVIDES, DENNIS and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

Billy Frederick Allen, Texas prisoner # 366613, appeals the district court's dismissal of his 42 U.S.C. § 1983 complaint against three correctional officers: Major Johnny M. Thomas, Ronnie Major, and Robert Dickey. The district court held that the defendants were entitled to summary judgment on the issue of qualified immunity, holding that Allen had not met his threshold burden of demonstrating a violation of a constitutional...

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