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PRICE v. CITY OF SAN ANTONIO, TEX.

No. 04-51213.

431 F.3d 890 (2005)

Scott PRICE, Plaintiff-Appellant, v. CITY OF SAN ANTONIO, TEXAS; John Anthony Garcia, Individually and in his Official Capacity; Harold Rainey, Individually and in his Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 5, 2005.

Attorney(s) appearing for the Case

Christopher J. Gale, Beverly West Stephens, Gale, Wilson & Sanchez, San Antonio, TX, for Price.

Elsa Giron Nava, City of San Antonio Legal Dept. San Antonio, TX, for City of San Antonio, TX.

Nathan Mark Ralls, Chaves, Gonzales & Hoblit, San Antonio, TX, for Garcia.

Charles Straith Frigerio, Hector X. Saenz, Law Offices of Charles S. Frigerio, San Antonio, TX, for Rainey.

Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

PER CURIAM:

Appellant Scott Price appeals the district court's dismissal of his claims under 42 U.S.C. § 1983.1 For the reasons below, we affirm. We modify, however, the dismissal of Price's false arrest and prosecution claims so that they are dismissed without prejudice.

I. Background

On October 31, 2001, Price was involved in an altercation with an uninvited visitor to his apartment. A neighbor contacted...

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