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HAYTER v. CITY OF MOUNT VERNON

No. 98-40071 Summary Calendar.

154 F.3d 269 (1998)

Robert Jack HAYTER, Plaintiff-Appellee, v. CITY OF MOUNT VERNON, et al., Defendants, Harold Sullivan, Jr., Franklin County Reserve Deputy, Defendant-Appellant, Tyler Bannister, Mount Vernon Police Officer, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 21, 1998.

Attorney(s) appearing for the Case

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

Robert Scott Davis, Louis Charles Van Cleef, Cooper, Flowers, Davis, Fraser & Dennyberry, Tyler, TX, for Sullivan.

Thomas Edward Gibson, Potter, Minton, Roberts, Davis & Jones, Tyler, TX, for Bannister.

Before REYNALDO G. GARZA, WIENER and STEWART, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

Factual and Procedural Background

At approximately 1:45 a.m. on Sunday, June 2, 1996, Defendant Tyler Bannister, a police officer for the city of Mount Vernon, and Defendant Harold Sullivan, a reserve deputy for Franklin County, stopped Plaintiff Robert Jack Hayter's vehicle because they claim he had swerved in the road twice. Hayter and his friend, Joshua Scott Mahaffey, had been watching movies at Mahaffey's grandmother...

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