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COLLE v. BRAZOS COUNTY, TEX.

No. 90-2476.

981 F.2d 237 (1993)

Ruby COLLE, Individually etc., et al., Plaintiffs-Appellants, v. BRAZOS COUNTY, TEXAS, Ronnie Miller, Individually and in his Official Capacity as Sheriff of Brazos County, Texas, and Unnamed Employees of the Brazos County Sheriff's Department, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 20, 1993.

Attorney(s) appearing for the Case

Michael A. Maness and Albert S. Low, Jr., Houston, TX, for plaintiffs-appellants.

Thomas Ewing and Sharon Stagg, Hays, McConn, Price & Pickering, Houston, TX, for defendants-appellees.

William S. Helfand, Hirsch, Glover, Robinson & Sheiness, Houston, TX, for Miller.

Before POLITZ, Chief Judge, BROWN and JONES, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Alleging violations of 42 U.S.C. § 1983, pretrial detainee's survivors appeal the 12(b)(6) dismissal of their claims against Brazos County, its Sheriff and "unnamed employees." For the following reasons, we (1) hold that we do not have jurisdiction over all Plaintiffs on appeal, (2) affirm the dismissal of the unnamed defendants, (3) reverse the dismissal of Brazos County and Sheriff Ronnie Miller in his capacity as Sheriff, and...

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