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STIDHAM v. TEXAS COM'N ON PRIVATE SEC.

No. 04-50775.

418 F.3d 486 (2005)

Gene STIDHAM, Plaintiff-Appellant, v. TEXAS COMMISSION ON PRIVATE SECURITY; et al., Defendants, Jerry L. McGlasson, Executive Director, in his individual and official capacity; E.D. Biggs, Investigator, in her individual and official capacity; Larry Shimek, in his individual and official capacity; Cliff Grumbles, Executive Director, in his individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 22, 2005.

Attorney(s) appearing for the Case

Douglas M. Becker, Toni B. Hunter, Asst. Atty. Gen. (argued), Gray & Becker, Austin, TX, for Stidham.

Jeffrey Lee Rose (argued), Terence L. Thompson, Asst. Atty. Gen., Linda A. Halpern, Austin, TX, for Defendants-Appellees.

Before JOLLY, SMITH and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Gene Stidham ("Stidham") owned a motorcycle funeral escort business. He sued the individual defendants, who are officials of the Texas Commission on Private Security ("TCPS"). The basis of his § 1983 action is that, after he refused to apply for a TCPS license, the defendants, in violation of his right to due process of law, sent letters to his funeral home clients telling them that Stidham was operating in violation of the law...

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