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THOMAS v. SAMS

No. 82-2359.

741 F.2d 783 (1984)

Dr. Alvin I. THOMAS, Plaintiff-Appellee Cross-Appellant, v. Eristus SAMS, Individually and As Mayor of Prairie View, Defendant-Appellant, and City of Prairie View, Defendant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 1984.

Attorney(s) appearing for the Case

Michael A. Maness, Houston, Tex., for defendant-appellant.

Larry Watts, Laura Oren, Houston, Tex., for Thomas.

John W. Batchan, Jr., Terrance Windham, Houston, Tex., for City of Prairie View.

Before RUBIN and RANDALL, Circuit Judges, and MITCHELL, District Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion May 29, 5th Cir.1984, 734 F.2d 185)

ALVIN B. RUBIN, Circuit Judge:

The petition of Mayor Eristus Sams for rehearing is denied because the evidence clearly shows that Sams's acts in causing Thomas's arrest were committed "under color of state law" for the purposes of § 1983. Although the City has not petitioned for rehearing of the court...

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