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SHORT v. WEST

No. 10-50992.

662 F.3d 320 (2011)

Michael SHORT, Plaintiff-Appellee, v. Sheriff Arvin WEST, Individually and in his capacity as Sheriff of Hudspeth County, Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 2, 2011.

Attorney(s) appearing for the Case

Lynn Anne Coyle (argued), Dominguez & Coyle, P.L.L.C., El Paso, TX, for Plaintiff-Appellee.

Charles Straith Frigerio , Trial Atty. (argued), Hector X. Saenz , Law Offices of Charles S. Frigerio, P.C., San Antonio, TX, for Defendant-Appellant.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.

PER CURIAM:

In this action brought under 42 U.S.C. § 1983, Defendant-Appellant Sheriff Arvin West ("Sheriff West") filed an interlocutory appeal of the district court's denial of his motion for summary judgment based on qualified immunity. We DISMISS the appeal in part and AFFIRM the district court's order in part.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Michael Short ("Short") is an officer in the El Paso Police Department ("EPPD"). He...

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