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COLLINS v. CITY OF HARKER HEIGHTS, TEX.

No. 89-8029.

916 F.2d 284 (1990)

Myra Jo COLLINS, Plaintiff-Appellant, v. The CITY OF HARKER HEIGHTS, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 2, 1990.

Attorney(s) appearing for the Case

Sanford Ray Rosen, San Francisco, Cal., Don Busby, Busby & Associates, P.C., Temple, Tex., for plaintiff-appellant.

Roy Lee Barrett, Stuart G. Smith, Naman, Howell, Smith & Lee, Waco, Tex., for defendant-appellee.

Before WISDOM, DAVIS, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

Myra Jo Collins appeals the Fed.R.Civ.P. 12(b)(6) dismissal of her § 1983 action, which alleges that the failure of the City of Harker Heights, Texas, to adequately train its employees was a policy of deliberate indifference to her deceased husband's constitutional rights. Pursuant to controlling Fifth Circuit precedent, because an abuse of government power is not implicated, a § 1983 action does not lie. Accordingly, we AFFIRM...

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