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DRAIN v. GALVESTON COUNTY

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

999 F.Supp. 929 (1998)

Jennie DRAIN, Individually and as Administratrix Estate of Joe D. Drain, and Shelly Drain Smith, Individually and as Heir to the Estate of Joe 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.

March 30, 1998.

Attorney(s) appearing for the Case

James Montgomery Bennett, Dickinson, TX, for Jennie Drain.

James Russell Tucker, Dallas, TX, Richard G. Mills, Dallas, TX, for Shelly Drain Smith, Joe Don Drain.

Donald S. Glywasky, Galveston County Legal Dept., Galveston, TX, for Galveston County, Daniel Cooper.

William Scott Helfand, Magenheim Bateman Robinson Wrotenbery and Helfand, Houston, TX, for City of League City.

ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT

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...

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