MAYS v. SUDDERTH

No. 95-10591.

97 F.3d 107 (1996)

Melissa V. MAYS, Plaintiff-Appellee, v. Ben D. SUDDERTH; Thomas Pack; Erath County, Texas, Defendants, and David Coffee, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 15, 1996.


Attorney(s) appearing for the Case

Douglas R. Larson, Law Office of Douglas R. Larson, Mesquite, TX, for plaintiff-appellee.

Charles Rex Hall, Jr., Allison and Associates, Austin, TX, for defendants.

Before GARWOOD, EMILIO M. GARZA and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

In this appeal we determine whether a sheriff is absolutely immune from suit and liability for damages in a civil action brought against him pursuant to 42 U.S.C. § 1983 for injuries resulting from the sheriff's attachment of the plaintiff in accordance with a judicial order, facially valid and within the court's jurisdiction. The district court, in ruling on the defendant sheriffs motion for summary judgment, held, in pertinent part, that...

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