GETER v. FORTENBERRY

No. 87-1605.

849 F.2d 1550 (1988)

Lenell GETER, et al., Plaintiffs-Appellees, v. James FORTENBERRY, et al., Defendants, Henry Wade, Randall Isenberg, County of Dallas, Texas, D.C. Kuhn, City of Balch Springs and Balch Springs Police Department, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 26, 1988.


Attorney(s) appearing for the Case

Peter L. Harlan, Asst. Dist. Atty., Dallas, Tex., for Wade, et al.

Lawrence W. Jackson, Dallas, Tex., for City of Balch Springs, Tex., et al.

Joseph E. Scuro, Jr., Dallas, Tex., for Fortenberry and Powers.

Donald W. Hill, Donald W. Hicks, Sr., Dallas, Tex., George E. Hairston, New York City, for Geter and Williams.

Before WISDOM, RUBIN, and JONES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

The issue before us is whether the district court erred in rejecting, pending further discovery by appellee, the official immunity defenses raised by a municipal police officer and two county prosecutors who were sued under 42 U.S.C. § 1983. We have jurisdiction over this interlocutory appeal. Concerning the prosecutors, we reverse the district court; with respect to the police officer, we dismiss the appeal and remand.

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