SANCHEZ v. SWYDEN

No. 96-40557, Summary Calendar.

131 F.3d 1144 (1998)

Oscar F. SANCHEZ; Liliana Sanchez, Plaintiffs-Appellees, v. Charles SWYDEN, Inspector, et al., Defendants, Warren K. Hayward, Officer, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 13, 1998.


Attorney(s) appearing for the Case

Janice A. Cassidy, San Benito, TX, for Plaintiffs-Appellees.

Andrea Chan, Office of the City Attorney for the City of Houston, Houston, TX, for Defendants-Appellants Michael S. Lewellen, Barry J. McDermott, P. Pohl, Sam Nuchia, Frank Frank Jackson, Mark V. Mancuso.

Richard H. Cobb, Houston, TX, for Defendant-Appellant W.H. Bearden.

Scott Anthony Durfee, Office of the Harris County District Attorney, Houston, TX, for Defendant-Appellant Bill Delmore.

Bobby Nick Turner, Office of the County Attorney for the County of Harris, Houston, TX, for Defendants-Appellants Judy Porter, Johnny Klavenhagen, Andrew White.

W. Michael Fisher, Roerig, Oliveira & Fisher, Brownsville, TX, for Defendants-Appellants Sarah Hunter, Floyd Duncan, John P. Chandler.

Before JONES, SMITH and STEWART, Circuit Judges.


STEWART, Circuit Judge:

This is a case about mistaken identity, and it comes to us on appeal from a denial of qualified immunity in a § 1983 suit brought by plaintiffs Oscar F. Sanchez (Sanchez) and Liliana Sanchez against a number of public officials.1 Sanchez alleged that he was illegally detained for twenty-six hours in violation of his due process rights. The defendants filed a motion for summary judgment, arguing that they were...

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