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HART v. O'BRIEN

No. 96-40151.

127 F.3d 424 (1997)

Peggy Nell HART, Plaintiff-Appellee, v. Harold B. O'BRIEN, DPS Officer, et al., Defendants, Harold B. O'Brien, DPS Officer; Frank Montana, DPS Officer; C.T. Myrick, Law Enforcement Officer; Carl Motley; Jeff Starnes, Assistant Lamar County Attorney, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 6, 1997.

Attorney(s) appearing for the Case

Curtis B. Stuckey, Nacogdoches, TX, for Plaintiff-Appellee.

Karen Denise Matlock, Austin, TX, for Harold B. O'Brien and Frank Montana Defendants-Appellants.

Robert Scott Davis, Cooper, Flowers, Davis, Fraser & Dennyberry, Tyler, TX, for C.T. Myrick, Carl Motley and Jeff Starnes Defendants-Appellants.

Before BARKSDALE, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Various state and county officials searched the home of Peggy Nell Hart ("Hart"), arrested her, and charged her with possession of marijuana. She remained in jail more than two weeks. After the state dismissed the charges, Hart filed suit pursuant to 42 U.S.C. § 1983 and state law against Red River County, Texas ("the county") and a number of the officials involved in the case. These officials include Jeff Starnes, an assistant...

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