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DRAIN v. GALVESTON COUNTY

No. CIV.A. G-97-316.

979 F.Supp. 1101 (1997)

Jennie DRAIN, Individually and as Administratrix Estate of Joe D. Drain v. GALVESTON COUNTY, City of League City, and Constable Daniel Cooper, Individually and in His Official Capacity.

United States District Court, S.D. Texas, Galveston Division.

October 7, 1997.

Attorney(s) appearing for the Case

James Montgomery Bennett, Dickinson, TX, James Russell Tucker, Richard G. Mills, Dallas, TX, for Plaintiff.

Donald S. Glywasky, Galveston, TX, William Scott Helfand, Bagenheim Bateman et al, Houston, TX, for Defendant.

ORDER REGARDING MOTIONS TO DISMISS

KENT, District Judge.

Joe Drain shot his wife with a pistol during a domestic dispute on December 26, 1995. Apparently recognizing that he had made a severe error in judgment, Mr. Drain then called 911 and reported that he had shot his wife. Three League City patrol officers responded to the 911 call, along with Constable Daniel Cooper of the Galveston County Constable's Office. Constable Cooper responded pursuant...

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