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McGRUDER v. WILL

No. 98-20819.

204 F.3d 220 (2000)

Kimberle McGRUDER, Plaintiff-Cross-Appellee, Sharon SCOTT; Tonya Odionesene; Davis Enaohwo; Marlene Burgess; Maureen Adams, also known as Maureen Gonzalas; Laverne Crump, also known as Laverne Crump-Smith; Marion Milburn; Consuela Haskins, Plaintiffs-Appellants-Cross-Appellees, v. Tom WILL, Deputy Constable, In His Individual Capacity, Precinct 5; Martin Spears, Deputy Constable, In his Individual Capacity, Precinct 5; Glen Cheek, Constable, In his Individual and Official Capacities; James L. Douglas, Constable, In his Official Capacity, Precinct 3; Securiteestor, Inc., doing business as Security Storage, doing business as King David Moving & Storage, Defendants-Appellees, Marc Seymour, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 20, 2000.

Attorney(s) appearing for the Case

Mark Jeffrey Grandich (argued), Robert C. Sohns, Jr., Richard Michael McElvaney, Jr., Gulf Coast Legal Foundation, Houston, TX. TX, for Plaintiffs-Appellants-Cross-Appellees.

Sandra D. Hachem (argued), Houston, TX, for Will and Spears.

Bruce S. Powers, Houston, TX, for Cheek and Douglas.

Arnold G. Polanco (argued), Ross, Banks, May, Cron & Cavin, L.L.P., Leonard James Meyer, Elizabeth Meador Bruman, Gary Frank Cerasuolo, Zimmerman, Axelrad, Meyer, Stern & Wise, Houston, TX, for Securiteestor, Inc. and Seymour.

Kimberle McGruder, Dayton, TX, pro se.

Before JOLLY, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Plaintiffs are a group of Texas tenants who challenged deputies' and a warehouseman's refusal to return their personal belongings during their evictions. They alleged causes of action under 42 U.S.C. § 1983 and Texas law. The district court entered summary judgment against plaintiffs, but denied defendant Seymour's motion for sanctions. Because we find that plaintiffs did not sufficiently articulate a constitutional harm and had adequate...

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