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WALSWEER v. HARRIS COUNTY

No. 11-89-182-CV.

796 S.W.2d 269 (1990)

Harry WALSWEER, Appellant, v. HARRIS COUNTY, Appellee. Edmond S. "Tracy" MAXON, III, Tim Martin, Brian Black, Corey Dwayne Burkhalter, and John Schlein, Appellants, v. Harry WALSWEER, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled October 25, 1990.

Attorney(s) appearing for the Case

Mike Driscoll, Ann Hardy, David H. Miller, Barbara Toby Baruch, Anthony F. Loria, Renuka Jain, Harris County Attorney's Office, Houston, for Harris County, Edmond S. "Tracy" Maxon, III, Tim Martin, Brian Black, Corey Dwayne Burkhalter and John Schlein.

David W. Holman, Larry P. Boyd, Richard P. Hogan, Jr., Fisher, Gallagher, Perrin & Lewis, Houston, for Harry Walsweer.

DICKENSON, Justice.

After calling for police assistance, Harry Walsweer was shot in the back five times by four Harris County deputy constables on September 14, 1984. Walsweer was in his own home at the time of the shooting, and he is now a paraplegic as a result of his gunshot wounds.

Walsweer filed suit under 42 U.S.C.A. § 1983 (West 1981), alleging that he had been deprived of his constitutional rights under the Constitution of the United States. The...

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