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MORIN v. CAIRE

No. 95-30308 Summary Calendar.

77 F.3d 116 (1996)

Ralph MORIN; Larry Keith Young, Plaintiffs-Appellees, v. Randy CAIRE, Defendant-Appellant, and City of Slidell, Defendant.

United States Court of Appeals, Fifth Circuit.

March 7, 1996.

Attorney(s) appearing for the Case

Edward Joseph Cloos, III, Metairie, LA, for plaintiffs-appellees.

Gerald Joseph Nielsen, Metairie, LA, for Caire and City of Slidell.

Before WISDOM, DAVIS and STEWART, Circuit Judges.

WISDOM, Circuit Judge:

Defendant/appellant, Randy Caire, appeals the district court's denial of his Rule 12(b)(6) motion to dismiss a civil rights claim filed against him by plaintiffs/appellees, Ralph Morin and Larry Keith Young. For the reasons that follow, we REVERSE.

I. Facts and Background

On November 6, 1991, defendant/appellant, Randy Caire ("defendant" or "Caire"), a police officer for defendant City...

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