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GIBSON v. RICH

No. 94-10458 Summary Calendar.

44 F.3d 274 (1995)

James G. GIBSON, Plaintiff-Appellee, v. P.A. RICH, Officer, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 26, 1995.

Attorney(s) appearing for the Case

Charles M. Hinton, Jr., City Atty., Garland, TX, for appellant.

Douglas R. Lawson, Mesquite, TX, for appellee.

Before JOHNSON, BARKSDALE and PARKER, Circuit Judges.

JOHNSON, Circuit Judge:

Defendant appeals the federal district court's order denying its summary judgment based on qualified immunity. For the reasons stated below, this Court will reverse the denial of qualified immunity and remand the case to the federal district court for further proceedings.

I. Facts and Procedural History

On Friday, July 5, 1991, James Gregory Gibson ("Gibson") and his wife, Sandra, went to a Dallas billiards bar. While at the...

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