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KINNEY v. WEAVER

No. 00-40557.

367 F.3d 337 (2004)

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.

April 15, 2004.

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 Smith and Smith County, TX.

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

Louis Charles Van Cleef, Holmes & Moore, Longview, TX, Robert Scott Davis, Flowers Davis, Tyler, TX, for Weaver, Green, Gregg Cty., TX and Harrison Cty., TX.

William S. Helfand, Kevin D. Jewell, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Moore, Williams, Gibson, City of Kilgore, TX, City of Marshall, TX and City of Nacogdoches, TX.

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

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, 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 their rights to freedom of speech...

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