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JACKSON v. CITY OF BEAUMONT POLICE DEPT.

No. 91-4709 Summary Calendar.

958 F.2d 616 (1992)

Harry Lee JACKSON, Plaintiff-Appellee, v. CITY OF BEAUMONT POLICE DEPARTMENT, et al., Defendants, Don Gordon, Officer, and E.R. Pachall, Officer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 3, 1992.

Attorney(s) appearing for the Case

Bruce W. Cobb, City of Beaumont, Asst. City Atty., Beaumont, Tex., for Don Gordon and E.R. Pachall.

John E. Sherman, Houston, Tex., for Harry Jackson.

Before GARWOOD, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

Asserting qualified immunity, police officers Don Gordon and E.R. Pachall appeal the denial of their Rule 12(b)(6) motion to dismiss Harry Lee Jackson's § 1983 claim that he was subjected to excessive force during an arrest, Jackson having earlier survived a 28 U.S.C. § 1915(d) Spears hearing. This appeal brings to the fore the differences in the functions of § 1915(d) and Spears hearings on the one hand and Rule...

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