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MILLAR v. HOUGHTON

No. 96-40583 Summary Calendar.

115 F.3d 348 (1997)

Frank MILLAR, Plaintiff-Appellant, v. Scott HOUGHTON, Trooper, et al., Defendants, Scott Houghton, Trooper; Fnu Garrett, Trooper; Pat Golden, Officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 24, 1997.

Attorney(s) appearing for the Case

William Lafayette Smith, Jr., Argyle, TX, for Plaintiff-Appellant.

Karen Denise Matlock, Anthony Gerard Brocato, Jr., Austin, TX, for Houghton and Garrett.

James Corley Henderson, Sherman, TX, for Golden.

Before WISDOM, JONES and BENAVIDES, Circuit Judges.

WISDOM, Circuit Judge:

The plaintiff, Frank Millar, brought this 42 U.S.C. § 1983 action against police officers Scott Houghton, Charles Garrett, Pat Golden, and Curtis Amyx alleging wrongful arrest, excessive force used during the arrest, and state law claims of assault, battery, and intentional infliction of emotional distress.

The following facts are not disputed. Around 10:00 p.m. on an evening in January 1993, Millar and his father drove to Millar...

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