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SCOTT v. MOORE

No. 93-8603.

85 F.3d 230 (1996)

Artelia M. SCOTT, Plaintiff-Appellant, v. George E. MOORE, individually and as an employee of Killeen Police Department, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Order on Rehearing July 17, 1996.

Attorney(s) appearing for the Case

Bobby R. Taylor and Monita Rose Johnson, Austin, TX, for appellant.

Diane C. Van Helden, Barish & Van Helden, Austin, TX, for appellees.

Before POLITZ, Chief Judge, and WISDOM and SMITH, Circuit Judges.

WISDOM, Circuit Judge:

Plaintiff/appellant, Artelia M. Scott, appeals the summary judgment dismissal of her 42 U.S.C. § 1983 inadequate staffing claim against the City of Killeen, Texas ("the City"), and its Chief of Police, Francis L. Giacomozzi. Because we conclude that a material fact issue remains in dispute, we VACATE and REMAND to the district court for further proceedings.

I. FACTS AND PROCEEDINGS

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