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LONGORIA v. TEXAS

No. 05-41052.

473 F.3d 586 (2006)

Adam LONGORIA, Plaintiff-Appellee, v. State of TEXAS, et al., Defendants, David Hudson, Assistant Warden; Donna Johnson, Individually and in her official capacity; Ronald Stafford; Michael Peacock, Officer, Individually and in his official capacity; Jerry Rogers, Officer; Herbert Farr, Individually and in his official capacity; Paul Staggs, Officer; Lieutenant Zelda Glass, Individually and in her official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 21, 2006.

Attorney(s) appearing for the Case

Christopher J. Gale (argued), Gale, Wilson & Sanchez, San Antonio, TX, for Longoria.

Shanna Elizabeth Molinare (argued), Matthew Tepper, Austin, TX, for Defendants-Appellants.

Before JONES, Chief Judge, and REAVLEY and PRADO, Circuit Judges.

EDITH H. JONES, Chief Judge:

Inmate Longoria, who was stabbed by fellow inmates for being a "snitch," sued various Texas prison officials for constitutional and state-law violations arising from the attack. In this interlocutory appeal from denial of Defendants' motion for summary judgment based on qualified immunity, we REVERSE IN PART AND DISMISS IN PART. The district court erred in failing to assess the degree of participation...

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