KINNEY v. WEAVER

No. 00-40557.

301 F.3d 253 (2002)

Dean KINNEY; David Hall, Plaintiffs-Appellees, v. Bobby WEAVER, Etc.; et al., Defendants, J.B. Smith, Smith County Sheriff; Smith County, Texas; W.A. "Bill" Young, Tyler Police Chief; City of Tyler, Texas; East Texas Police Chief's Association; Bobby Weaver, Gregg County Sheriff; Bob Green, Harrison County Sheriff; Gregg County, Texas; Harrison County, Texas; Ronnie Moore, Kilgore Director of Public Safety; Charles "Chuck" Williams, City of Marshall Police Chief; Ted Gibson, Nacogdoches Police Chief; City of Kilgore, Texas; City of Marshall, Texas; City of Nacogdoches, Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 31, 2002.


Attorney(s) appearing for the Case

Curtis B. Stuckey (argued), Alex Arthur Castetter, Stuckey, Garrigan & Castetter, Nacogdoches, TX, Leslie Stephen Mendelsohn, Les Mendelsohn & Associates, San Antonio, TX, for Plaintiffs-Appellees.

Gregory Duane Smith (argued), Herschel Tracy Crawford, Ramey & Flock, Tyler, TX, for J.B. Smith and Smith County, Texas.

Michael Keith Dollahite, Ritcheson, Dollahite & Lauffer, Tyler, TX, for W.A. "Bill" Young, City of Tyler, Texas and East Texas Police Chief's Ass'n.

Louis Charles Van Cleef, Brown McCarroll, Longview, TX, Robert Scott Davis, Flowers Davis, Tyler, TX, for Bobby Weaver, Bob Green, Gregg County, Texas and Harrison County, Texas.

Earl Glenn Thames, Jr., Jay Nelson Green, Potter Minton, Tyler, TX, for Ronnie Moore, Charles "Chuck" Williams, Ted Gibson, City of Kilgore, Texas, City of Marshall, Texas and City of Nacogdoches, Texas.

Before KING, Chief Judge, BARKSDALE, Circuit Judge, and SCHELL, District Judge.


KING, Chief Judge:

Plaintiffs-Appellees Dean Kinney and David Hall brought suit against seven law enforcement officials, the seven cities or counties that employ these officials, and the East Texas Police Chiefs' Association,1 asserting four claims: (1) a 42 U.S.C. § 1985(2) claim alleging conspiracy against Kinney and Hall because of their testimony in judicial proceedings, (2) a 42 U.S.C. § 1983 claim alleging violations of...

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