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WALLACE v. COUNTY OF COMAL

No. 04-50280.

400 F.3d 284 (2005)

Monica M. WALLACE; Patricia Kniss, Plaintiffs-Appellees, v. COUNTY OF COMAL, State of Texas; et al., Defendants, Danny Scheel, in his individual capacity; Moe Schwab, in his individual capacity; Tom Hornseth, in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 14, 2005.

Attorney(s) appearing for the Case

Barry H. Beer, San Antonio, TX, Thomas Joseph Crane (argued), Advocacy Inc., San Antonio, TX, for Plaintiffs-Appellees.

Michael A. Shaunessy (argued), Deborah Herzberg Loomis, Shaunessy Burnett & Greenberg, Austin, TX, for Defendants-Appellants.

Before GARZA, STEWART and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Monica Wallace and Patricia Kniss filed suit against the County of Comal, Texas, its County Engineer Tom Hornseth, County Judge Danny Scheel, and Commissioner Moe Schwab, in their individual capacities for violating their First Amendment rights under 42 U.S.C. § 1983. Hornseth, Scheel and Schwab now bring this interlocutory appeal of the district court's denial of their motion for summary judgment on the basis of qualified immunity...

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