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McPHERSON v. RANKIN

No. 85-2129.

786 F.2d 1233 (1986)

Ardith McPHERSON, Plaintiff-Appellant, v. Walter RANKIN, Individually and in his Official Capacity as Constable, Precinct One of Harris County, Texas, and Harris County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 19, 1986.

Attorney(s) appearing for the Case

Bruce Griffiths, Greater Houston Civil Liberties Union, Houston, Tex., Annie S. Garcy, Bellaire, Tex., for plaintiff-appellant.

Billy E. Lee, Asst. Co. Atty., Mile Driscoll, Houston, Tex., for defendants-appellees.

Before WILLIAMS, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

On March 30, 1981, President Reagan was shot. After hearing a radio report of the attempted assassination, Ardith McPherson, a clerical worker in a Houston, Texas constable's office, said to a co-worker: "[I]f they go for him again, I hope they get him." A deputy constable overheard the statement and reported it to Constable Rankin, who immediately summoned McPherson to his office to question her about the remark. When McPherson...

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