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MUNIZ v. CITY OF HARLINGEN

No. 00-40948 Summary Calendar.

247 F.3d 607 (2001)

Ofelio MUNIZ, Jr., Plaintiff-Appellant, v. CITY OF HARLINGEN; Jim Schoepner; Robert S. Archer; Joe Vasquez, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 19, 2001.

Attorney(s) appearing for the Case

Miguel A. Saldana, Carinhas, Saldana & Sullivan, Brownsville, TX, for Plaintiff-Appellant.

Roger W. Hughes, Scott Thomas Clark, Charlie Jacob Cilfone, Adams & Graham, Harlingen, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:

Plaintiff Muniz brought this § 1983 action alleging that defendants violated his right to due process of the law by making false and defamatory statements about him when asked for references by a prospective employer. The district court dismissed his complaint under Rule 12(b)(6) for failure to state a claim. The district court reasoned that, to overcome the qualified immunity of the defendants, Muniz would first have to show the deprivation of a...

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