BAKER v. PUTNAL

No. 94-60790.

75 F.3d 190 (1996)

Wendell C. BAKER, Sr., et al., Plaintiffs-Appellants, v. Michael PUTNAL, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 15, 1996.


Attorney(s) appearing for the Case

Robert T. Saunders, Bellaire, TX, Frederick K. Wilson, Houston, TX, for Appellants.

George W. Vie, III, John Eckel, Mills, Shirley, Eckel & Bassett, Galveston, TX, for City of Galveston, Dale Rogers, Freddie Poor.

Anthony G. Brocato, Jr., James Ludlum, Jr., Ludlum & Ludlum, Austin, TX, for Michael Putnal.

Before KING, SMITH and STEWART, Circuit Judges.


STEWART, Circuit Judge:

This is a civil rights action filed under 42 U.S.C. § 1983 and based on allegations that the defendants deprived plaintiffs of certain constitutional rights in the shooting death of Wendell C. Baker, Jr. Plaintiffs appeal the district court's final judgment granting the defendants' motion to dismiss. Because the district court considered summary judgment evidence, we view its order as one granting summary judgment and conclude that the...

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