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JOHNSTON v. CITY OF HOUSTON

No. 92-2624.

14 F.3d 1056 (1994)

Edwin Joseph JOHNSTON, Plaintiff-Appellee, v. The CITY OF HOUSTON, Texas, et al., Defendants, R.C. Owens, Sergeant, J.P. Trevino, Sergeant, B.A. Bridwell-Oglesby, Officer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 25, 1994.

Attorney(s) appearing for the Case

Andrea Chan, Asst. City Atty., Patricia L. Hayden, Sr. Asst. City Atty., Houston, TX, for R. Owens.

Joseph R. Messa, Houston, TX, for Trevino and Bridwell.

Michael Anthony Maness, Houston, TX, for Edwin Joseph Johnston.

Before GARWOOD and BARKSDALE, Circuit Judges, and WALTER, District Judge.

WALTER, District Judge:

Defendants Owens, Trevino and Bridwell-Oglesby appeal the denial of their motions for summary judgment based upon qualified immunity. Plaintiff-Appellee has failed to state a claim for or tender evidence of a constitutional violation against Defendant-Appellant Owens and we reverse and order dismissal of Plaintiff's claims against Owens with prejudice. Plaintiff-Appellee has stated a proper claim against Defendants-Appellants Trevino and Bridwell...

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