MARTIN v. THOMAS

No. 90-2666.

973 F.2d 449 (1992)

Charlesworth R. MARTIN, Plaintiff-Appellee, v. Theodore THOMAS, Milo K. Shepard, Robert L. Prater and L.L. Clarkson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 30, 1992.


Attorney(s) appearing for the Case

J.D. Hooper, Lou Bright, Asst. Attys. Gen., Dan Morales, Atty. Gen., Austin, Tex., for defendants-appellants.

David T. Lopez, Houston, Tex., for plaintiff-appellee.

Before WILLIAMS, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

Dr. Martin challenged the propriety of his arrest and prosecution by bringing a section 1983 suit for excessive force and arrest without due process. He also brought a pendent state law claim for malicious prosecution. The jury found in favor of Dr. Martin. Appellants Thomas, Shepard, Prater, and Clarkson all appeal the jury finding of malicious prosecution, claiming improper jury instructions, insufficient evidence, lack of jurisdiction...

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