RHODE v. DENSON

No. 84-2586.

776 F.2d 107 (1985)

Ronald RHODE, Plaintiff-Appellee, v. Rathell DENSON and San Jacinto County, Defendants, San Jacinto County, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 3, 1985.


Attorney(s) appearing for the Case

Mehaffy, Weber, Keith & Gonsoulin, O.J. Weber, Arthur R. Almquist, Beaumont, Tex., for defendant-appellant.

Malone, Walsh & Wright, Harry H. Walsh, III, Huntsville, Tex., for plaintiff-appellee.

Before GOLDBERG, JOLLY and HIGGINBOTHAM, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 3, 1985.

OPINION

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We face again the troublesome issue of whether an episodic but tortious and unconstitutional act of an elected county official is chargeable to the county as its policy under Monell v. New York City Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Persuaded that the unconstitutional...

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