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LAMAR v. STEELE

No. 81-2045.

698 F.2d 1286 (1983)

Allen L. LAMAR, Petitioner-Appellee Cross-Appellant, v. L.A. STEELE, Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 28, 1983.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Ann Kraatz, Kenneth Peterson, Asst. Attys. Gen., Austin, Tex., for respondent-appellant cross-appellee.

Johnson, Swanson & Barbee, Dan S. Boyd, Dallas, Tex., for petitioner-appellee cross-appellant.

Before GARZA, POLITZ and WILLIAMS, Circuit Judges.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion Dec. 14, 1982, 5 Cir., 1982, 693 F.2d 559).

PER CURIAM:

The application for rehearing complains that our opinion would allow a 42 U.S.C. § 1983 cause of action to be based on "mere words" or "idle threats." This reflects a misperception of our holding. Threats alone are not enough. A section 1983 claim only accrues when the threats or threatening conduct result...

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