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EMERSON v. BORLAND

No. 3-92-237-CV.

838 S.W.2d 951 (1992)

Ernest EMERSON, Quay Wood, Brian McRae, Glenn Zoch and Lewis di Donato, Appellants, v. H. Scott BORLAND, Appellee.

Court of Appeals of Texas, Austin.

October 14, 1992.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Toni Hunter, Asst. Atty. Gen., Austin, for appellants.

Scott Ozmun, Whitehurst, Harkness & Watson, Austin, for appellee.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.

B.A. SMITH, Justice.

This is a suit for damages against five employees of the State Fire Marshall's Office arising out of the arrest of Scott Borland by the Trinity County Sheriffs Department in January 1986. Appellants, the employees, moved for summary judgment based on theories of quasi-judicial immunity to Borland's state-law claims and federal qualified immunity to Borland's federal claims. The trial court denied the...

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