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MINELLA v. CITY OF SAN ANTONIO, TEXAS

No. 05-50655 Summary Calendar.

437 F.3d 438 (2005)

Diana MINELLA, Plaintiff-Appellant, v. CITY OF SAN ANTONIO, TEXAS, A Municipal Corporation; Edward Garza, Mayor of City of San Antonio, in his official capacity; Bobby Perez, City Council Member, in his official capacity; John H. Sanders, City Council Member, in his official capacity; Antoniette Moorhouse, City Council Member, in her official capacity; Enrique Martin, City Council Member, in his official capacity; David A. Garcia, City Council Member, in his official capacity; Enrique M. Barrera, City Council Member, in his official capacity; Julian Castro, City Council Member, in his official capacity; Bonnie Conner, City Council Member, in his official capacity; Carroll Schubert, City Council Member, in his official capacity; David Carpenter, City Council Member, in his official capacity; Terry Brechtel, City Manager, in her official and individual capacities; Andrew Martin, City Attorney, in his official and individual capacities; Municipal Civil Service Commission; Gilberto V. Tobias, Municipal Civil Service Commission Chairman, in his official capacity; Juretta Marshall, Municipal Civil Service Commission Member, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 21, 2005.

Attorney(s) appearing for the Case

Carla Brundage Morrison, San Antonio, TX, for Minella.

Lowell Frank Denton, Susan C. Rocha, Sylvia Pena-Alfaro, Denton, Navarro, Rocha & Bernal, San Antonio, TX, for Defendants-Appellees.

Before JOLLY, DAVIS and OWEN, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff Diana Minella appeals the dismissal on summary judgment of her suit against the City of San Antonio and numerous city officials alleging due process violations in relation to her dismissal without benefit of civil service review. Because we find that Proposition 3, which removed Minella's job from civil service protection, was made effective by the San Antonio City Council prior to her dismissal, we affirm.

I.

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