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HAMILTON v. CITY OF WAKE VILLAGE

Civ. A. No. TX-82-100-CA.

593 F.Supp. 1294 (1984)

Jerry W. HAMILTON v. The CITY OF WAKE VILLAGE, A Texas Municipal Corporation, Edward H. Leach, Jr., Mayor of the City of Wake Village, and Paul Braswell, Michael Huddleston, Harry Patterson, Errol Owen and David Ray, Alderman of the City of Wake Village and The State of Texas.

United States District Court, E.D. Texas, Texarkana Division.

September 27, 1984.

Attorney(s) appearing for the Case

Damon Young, Young, Patton & Folson, Texarkana, Ark., for plaintiff.

Winford Dunn, Smith, Stroud, McClerkin, Dunn & Nutter, Texarkana, Ark., for defendant.

Jim Mattox, Atty. Gen. of Tex., William O. Goodman, Asst. Atty. Gen., Austin, Tex., for intervenor.

MEMORANDUM OPINION

JOE J. FISHER, District Judge.

Plaintiff, Jerry W. Hamilton, has sued the City of Wake Village, Texas, its mayor and its alderman under 42 U.S.C. § 1983, alleging that he was illegally discharged as police chief of Wake Village. As an essential part of his suit, Hamilton seeks a declaratory judgment that Tex.Rev.Civ.Stat. Ann. Art. 1006 is unconstitutional in that it violates the First, Fifth, and Fourteenth Amendments to the United...

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