WHITE v. BALDERAMA

No. 97-50612.

153 F.3d 237 (1998)

Donald Ray WHITE, Plaintiff-Appellee, v. Armando BALDERAMA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 31, 1998.


Attorney(s) appearing for the Case

Joseph Andrew Turner, Terrence W. Kirk, Law Office of Joseph A. Turner, Austin, TX, for White.

Robin Elizabeth Sanders, Austin, TX, for Balderama.

Before KING, SMITH and PARKER, Circuit Judges.


PER CURIAM:

Defendant-appellant Armando Balderama appeals the district court's order denying his motion for summary judgment on the basis of qualified immunity as to plaintiff-appellee Donald Ray White's claim under 42 U.S.C. § 1983. For the reasons set forth below, we retain jurisdiction and remand with instructions that the district court set forth the factual scenario that it assumed in construing the summary judgment evidence in the light most favorable to...

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