MOWBRAY v. CAMERON COUNTY, TEX.

Nos. 00-40504, 00-41229.

274 F.3d 269 (2001)

Freda Susan MOWBRAY, also known as Susie Mowbray, Plaintiff-Appellant, v. CAMERON COUNTY, TEXAS; Benjamin Euresti, Judge; Edmund Cyganiewicz; Luis V. Saenz; Mentford Hesskew, "Dusty"; George Gavito; Steve Robertson; Estella Mauricio; Jean Mowbray; James Mowbray; Margo Mowbray; and Kristen Mowbray, Defendants-Appellees. Freda Susan Mowbray, also known as Susie Mowbray, Plaintiff-Appellee, v. Texas Cameron County; et al., Defendants, George Gavito, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 6, 2001.


Attorney(s) appearing for the Case

Judith Worth Bagley, David Patrick Long, Patton Boggs, Dallas, TX, Gordon Kendrick MacDowell, II (argued), Patton Boggs, Washington, DC, for Freda Susan Mowbray.

Richard O. Burst (argued), Cameron County Com'rs Court, Civil Legal Dept., Dylbia Jefferies Vega, Asst. Dist. Atty., Brownsville, TX, for Cameron County, TX.

Albert M. Lopez (argued), Lopez & Smith, San Antonio, TX, for Euresti, Cyganiewicz, Saenz and Mauricio.

Charles Vernon Willette, Jr., George Christian Kraehe (argued), Willette & Guerra, Brownsville, TX, for Hesskew.

Seth Byron Dennis, Asst. Atty. Gen. (argued), Austin, TX, for Robertson.

James R. Mowbray (argued), Denton, NE, pro se.

Before JONES, SMITH and DeMOSS, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

After Freda "Susan" Mowbray ("Mowbray") had served nine years in prison for her husband's murder, her conviction was set aside, whereupon, under 42 U.S.C. § 1983 and state law, she sued the county that had jailed her and the three prosecutors, three police officers, and the county lab technician who had participated in her trial; she also sued her husband's heirs to regain the proceeds...

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