AUSTIN v. JOHNSON

No. 02-41137 Summary Calendar.

328 F.3d 204 (2003)

David AUSTIN, Individually and next Friend of "John E", a Minor; Sandra Austin, Individually and as next Friend of "John E", a Minor, Plaintiffs-Appellees, v. Patrick A. JOHNSON, Individually and in Official Capacity; Cleran Gipson, Drill Instructor, STAR Boot Camp, Harrison County, Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 28, 2003.


Attorney(s) appearing for the Case

Darren Keith Coleman, Boon, Shaver, Echocs & Coleman, Longview, TX, for Plaintiffs-Appellees.

Christi Johnson Kennedy, Robert Scott Davis, Flowers Davis, Tyler, TX, for Defendants-Appellants.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

"John E," a minor,1 was caught stealing a candy bar and, as punishment, was ordered to attend a one-day boot camp, where he suffered severe symptoms from heat stroke. John E's parents sued the camp operator, Harrison County, the camp director, and a camp worker, alleging, inter alia, the violation of his Fourth, Eighth, and Fourteenth Amendment rights. The...

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