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HUSBAND v. BRYAN

No. 90-4866.

946 F.2d 27 (1991)

Hyburnia HUSBAND, Plaintiff-Appellee, v. Charles BRYAN and Larry Saurage, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 28, 1991.

Attorney(s) appearing for the Case

Cary D. Kirby, David L. Allen, Zeleskey, Cornelius, Hallmark, Borgfeld & Roper, Lufkin, Tex., for defendants-appellants Bryan and Saurage.

Charles K. Ruth, Nacogdoches, Tex., for plaintiff-appellee Husband.

Before CLARK, Chief Judge, REAVLEY and JONES, Circuit Judges.

REAVLEY, Circuit Judge:

Hyburnia Husband sued Sheriff Charles Bryan and his deputy, Larry Saurage, under 42 U.S.C. § 1983 for digging up her pasture in contravention of her Fourth Amendment rights. We affirm the district court's order denying Bryan and Saurage summary judgment on their claims of qualified immunity.

I. BACKGROUND

Saurage secured a warrant from a Texas judge authorizing him to search an old gravel-filled well on Husband's pasture...

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