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LINBRUGGER v. ABERCIA

No. 02-21300.

363 F.3d 537 (2004)

Wayne Michael LINBRUGGER II, Plaintiff-Appellee, v. Jack F. ABERCIA, Etc.; et al., Defendants, Jeff Haggard, Deputy, in his individual capacity as deputy of Harris County Constable Precinct 1, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 22, 2004.

Attorney(s) appearing for the Case

Beth L. Mitchell (argued), Advocacy Inc., Austin, TX, Chanita Chantaplin-McLelland, Advocacy Inc., Houston, TX, for Plaintiff-Appellee.

Fred A. Keys, Jr. (argued), Houston, TX, for Defendant-Appellant.

Before GARWOOD and JONES, Circuit Judges, and ZAINEY, District Judge.

EDITH H. JONES, Circuit Judge:

This is an interlocutory appeal of the district court's denial of a motion for summary judgment seeking qualified immunity. Wayne Michael Linbrugger filed suit pursuant to 42 U.S.C. § 1983, alleging that appellant Deputy Jeff Haggard, while executing a mental health warrant, unlawfully entered Linbrugger's apartment and used excessive force to effectuate a temporary commitment order. Linbrugger included an assault claim against...

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