DUNN v. DENK

Nos. 93-1964, 93-9066.

54 F.3d 248 (1995)

Mary Elizabeth DUNN, Plaintiff-Appellee-Cross-Appellant, v. Mike DENK, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Rehearing August 1, 1995.


Attorney(s) appearing for the Case

M. Lawrence Wells, Karen D. Matlock, Asst. Attys. Gen., Dan Morales, Asst. Gen., Lucius D. Bunton, Jack R. Crier, Austin, TX, for Mike Denk.

Curtis B. Stuckey, Nacogdoches, TX, Stephen R. Marsh, Wichita Falls, TX, for Mary Dunn.

Before POLITZ, Chief Judge, REAVLEY and BARKSDALE, Circuit Judges.


POLITZ, Chief Judge:

Mike Denk, a Texas Department of Public Safety officer, appeals an adverse jury verdict in Mary Elizabeth Dunn's civil rights lawsuit. Dunn cross appeals, seeking a new trial on damages. We affirm in part, vacate in part, and remand for further proceedings.

Background

Viewing the evidence most favorably to the jury's verdict we find the following scenario. On a weekend pass from a mental hospital, Dunn was being driven...

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