Civil A. No. H-94-2706.

923 F.Supp. 931 (1996)

Thaddeus Michael JOLLY, Plaintiff, v. Donald KLEIN, Duane Ray Boyd, Richard Hendell and Johnny Klevenhagen, Defendants.

United States District Court, S.D. Texas, Houston Division.

March 29, 1996.

Attorney(s) appearing for the Case

Stephen E. Scheve, Shook, Hardy & Bacon, Houston, TX, for Plaintiff.

Deborah L. Leach, Office of Attorney General, Austin, TX, for Donald Klein.

Michael Paul Flemin, Assistant County Attorney, Houston, TX, for Boyd and Klevenhagen.


CRONE, United States Magistrate Judge.

Pending before the court is Defendant Klein's Motion to Dismiss (# 34) and Supplemental Motion to Dismiss (# 46). Having considered the motions, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that the motions should be GRANTED IN PART and DENIED IN PART.

I. Background

On August 26, 1991, plaintiff Thaddeus Michael Jolly...

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