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TAMEZ v. CITY OF SAN MARCOS, TEXAS

No. 96-50594.

118 F.3d 1085 (1997)

Felix TAMEZ; Alice Tamez, Individually and as Guardian & Parent of Joseph Tamez, and Mary Alice Tamez, Felix Tamez, Jr., and Debbie Tamez, Plaintiffs, Alice Tamez, Individually and as Guardian & Parent of Joseph Tamez, Mary Alice Tamez, Feliz Tamez, Jr., and Debbie Tamez, Plaintiff-Appellant, v. CITY OF SAN MARCOS, TEXAS; Daniel Misiaszek, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 13, 1997.

Attorney(s) appearing for the Case

David B. Galbraith, Houston, TX, for Plaintiff-Appellant.

Ricardo Jimenez Navarro, Denton, McKamie & Navarro, San Antonio, TX, for Defendants-Appellants.

Before JOLLY, DUHE and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this case, a magistrate judge granted judgment as a matter of law in favor of defendant Daniel Misiaszek, voiding a $275,000 civil jury verdict against him on the basis of official and qualified immunity. Plaintiffs, the survivors of Felix Tamez, appeal the magistrate's grant of judgment as a matter of law. Because we find that Misiaszek was immune from suit under both federal and state law, we affirm.

I

San Marcos...

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