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THOMAS v. SAMS

No. 82-2359.

734 F.2d 185 (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.

Rehearing and Rehearing Denied 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.

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

Rehearing and Rehearing En Banc Denied September 17, 1984.

ALVIN B. RUBIN, Circuit Judge:

In the course of a dispute concerning the construction by a city of a sewer line across a university campus, a city mayor, who was also ex officio its magistrate and municipal judge, signed a criminal complaint against the university's president. Then, in his capacity as magistrate, he issued a warrant for the president's arrest. As a result, the president was detained...

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