WOOLEY v. CITY OF BATON ROUGE

No. 98-30267.

211 F.3d 913 (2000)

Debra W. WOOLEY, individually and as legal custodian on behalf of the minor Jordan Adam Taylor Zachary; April Zachary, Plaintiffs-Appellants, v. CITY OF BATON ROUGE; Theresa Coulter; Fred Brooks; Greg Phares, Chief; Kevin Lapeyrouse, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Corrected May 8, 2000.


Attorney(s) appearing for the Case

Pamela L. Ashman, Eulis A. Simien, Jr. (argued), Baton Rouge, LA, for Plaintiffs-Appellants.

James Conner Perey (argued), Percy, Pujol & Wail, James Leslie Hilburn, Baton Rouge, LA, for Defendants-Appellees.

Before POLITZ and STEWART, Circuit Judges, and LITTLE, District Judge.


POLITZ, Circuit Judge:

Debra W. Wooley and April Zachary appeal an adverse summary judgment in their action under 42 U.S.C. § 1983. The district court found, inter alia, that defendants were entitled to qualified immunity. For the reasons assigned we affirm in part and vacate and remand in part.

BACKGROUND

In October 1994, April Zachary and her seven-month old son, Jordan, moved in with Wooley. Wooley became Jordan's primary care giver...

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