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HALLMARK v. CITY OF FREDERICKSBURG

No. 04-01-00595-CV.

94 S.W.3d 703 (2002)

Vern HALLMARK, Appellant, v. CITY OF FREDERICKSBURG, Lt. Steve Wetz, Sgt. Elgin Durst, and Officer Felix Castaneda, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 21, 2002.

Attorney(s) appearing for the Case

Paula K. Williamson, Harry J. Skeins, Jr., Skeins & Williamson, P.C., Fredericksburg, for Appellant.

Charles S. Frigerio, Hector X. Saenz, Law Offices of Charles S. Frigerio, P.C., San Antonio, for Appellee.

Sitting: ALMA L. LÓPEZ, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

Opinion by: KAREN ANGELINI, Justice.

Vern Hallmark appeals the trial court's grant of summary judgment in favor of the City of Fredericksburg ("City"), Lt. Steve Wetz, Sgt. Elgin Durst, and Officer Felix Castaneda. According to Hallmark, the trial court erred in dismissing his 42 U.S.C. § 1983 claim and his tort claims for trespass, assault and battery, and intentional infliction of emotional distress. We affirm in part, reverse and remand in part, and reverse...

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