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WARNOCK v. PECOS COUNTY, TEXAS

No. 95-50230.

88 F.3d 341 (1996)

Bettye WARNOCK, Plaintiff-Appellant, v. PECOS COUNTY, TEXAS; Alex Gonzalez, Individually and in His Official Capacity as Pecos County District Judge; Brock, Individually and in his official capacity as Pecos County District Judge, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 8, 1996.

Attorney(s) appearing for the Case

Melissa S. Hirsch, Odessa, TX, for plaintiff-appellant.

Stephen W. Spurgin, Fort Stockton, TX, for Pecos County, Texas.

Dan Morales, Attorney General, Renaldo L. Stowers, Office of the Attorney General for the State of Texas, Austin, TX, for Gonzalez and Brock.

Before POLITZ, Chief Judge, and GOODWIN and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Plaintiff's § 1983 claims against two state district judges in their individual and official capacities were dismissed with prejudice pursuant to Rule 41(a)(2). We vacate the judgment of dismissal, reverse in part and remand with instructions.

Ms. Warnock was appointed to a two year term as Pecos County Auditor by Judges Alex R. Gonzalez and Brock Jones, judges of the 83rd and 112th Judicial Districts respectively, in accordance...

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