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McCLENDON v. CITY OF COLUMBIA

No. 00-60256.

305 F.3d 314 (2002)

Peter Clayton McCLENDON, Plaintiff-Appellant, v. CITY OF COLUMBIA; et al., Defendants, City of Columbia; James R. Carney, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 5, 2002.

Attorney(s) appearing for the Case

Kathryn Neal Nester (argued), Christopher & Nester, Ridgeland, MS, for Plaintiff-Appellant.

Thomas D. McNeese, Lawrence Elder Hahn, McNeese & Hahn, Columbia, MS, for City of Columbia.

Sandra Schuffert Mohler (argued), Jon Mark Weathers, Bryan, Nelson, Randolph & Weathers, Hattiesburg, MS, for Carney.

Ramon Gustave Viada, III, Abrams, Scott & Bickley, Houston, TX, for Texas Municipal League, Texas City Attorneys Ass'n, Texas Ass'n of School Boards Legal Assistance Fund, Texas Ass'n of School Boards, Texas Ass'n of School Administrators and Texas Council of School Attorneys, Amici Curiae.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.

PER CURIAM:*

In July 1993, Defendant-Appellee Detective James Carney, a City of Columbia police detective, loaned a gun to Kevin Loftin, an informant for the Columbia Police Department, to enable Loftin to protect himself from Plaintiff-Appellant Peter McClendon. Loftin subsequently used the gun to shoot McClendon. A panel of this court held that Detective Carney thereby violated McClendon's substantive...

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