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GARNER v. WALLACE

No. 9:00-CV-181.

139 F.Supp.2d 801 (2001)

Michael GARNER Plaintiff v. Allen WALLACE A/K/A Stinger Wallace, Lufkin Police Officer Sued in His Individual Capacity And Sherman Collins, Lufkin Chief Of Police Sued in His Individual Capacity And City of Lufkin, Texas Defendants

United States District Court, E.D. Texas, Lufkin Division.

February 7, 2001.

Attorney(s) appearing for the Case

Curtis B. Stuckey, Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Plaintiff.

Clayton Edward Dark, Jr., Lufkin, TX, for Defendant Wallace.

Paul Eugene White, Zeleskey Cornelius Hallmark Roper & Hicks, Lufkin, TX, for Defendants Collins and Lufkin.

MEMORANDUM AND ORDER

COBB, District Judge.

This controversy involves a police officer whose off duty conduct allegedly went beyond the bounds of civility in a private contract dispute. Here, Plaintiff seeks damages and relief for the alleged violations of his civil rights by the officer, his Chief of Police, and the City of Lufkin. The defendants have filed motions to dismiss under 12(b)(1) and 12(b)(6). Because the officer's conduct was not committed...

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