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BENNETT v. PIPPIN

No. 95-10380.

74 F.3d 578 (1996)

Ellen Gail BENNETT, Plaintiff-Appellee, v. Presley PIPPIN Jr., Individually and as Sheriff of Archer County, in his official capacity (as Sheriff of Archer County, in his official capacity deleted as per Order dated 11/16/92 — leaving Presley Pippin, Jr. Individually as dft) (Presley Pippin, Jr., as Sheriff of Archer County, in his official capacity, reinstates as per oral order of Judge Joe Kendall during non-jury trial 2/10/95), Defendant-Appellant, and Archer County Texas, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 1, 1996.

Attorney(s) appearing for the Case

Thomas Lee Kolker, Greenstein & Kolker, Austin, TX, Edward J. Tuddenham, Wiseman, Durst, Tuddenham & Owen, Austin, TX, for plaintiff-appellee.

Rosendo Rodriguez, Jr., Wichita Falls, TX, Catherine Lee Kyle, James Norman Ludlum, Ludlum & Ludlum, Austin, TX, for defendant-appellant.

Darrell Gerard-Marc Noga, Peter Mark Roossien, Cooper & Aldous, Dallas, TX, for movant-appellant.

Before REAVLEY, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this case, a Texas sheriff and a county appeal a judgment awarding damages to a murder suspect that the sheriff raped. We affirm the award against the sheriff individually, reverse the judgment against the county, and remand for a new trial.

I

We describe the pre-trial proceeding in some detail, given the unusual procedural posture that this case has reached. In a complaint filed in June of 1992, Ellen Bennett...

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