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LEMOINE v. NEW HORIZONS RANCH AND CENTER, INC.

No. 98-10742.

174 F.3d 629 (1999)

Susie LEMOINE, on behalf of Andrew Est. of Lemoine, Individually and as Personal Representative of the Estate of Andrew Lemoine, Deceased, Plaintiff-Appellee, v. NEW HORIZONS RANCH AND CENTER, INC., et al., Defendants, Paul Scott; Kelly Hutchinson; and Wayne Hairgrove, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 12, 1999.

Attorney(s) appearing for the Case

Portia J. Bott, Michael B. Paddock, Fort Worth, TX, James W. Lane, Lane, Lane, Ft. Worth, TX, for Plaintiff-Appellee.

Laurie R. Eiserloh, Austin, TX, for Defendants-Appellants.

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

STEWART, Circuit Judge:

Appellants appeal the district court's decisions to deny their motions for summary judgment. The district court denied their claim to qualified immunity because it found that there existed two genuine issues of material fact. We REVERSE.

FACTUAL & PROCEDURAL BACKGROUND

This wrongful death / substantive due process Fourteenth Amendment case focuses upon the 1995 death of Andrew Lemoine ("Andrew"). Andrew, at the age of...

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