BACKE v. LeBLANC

No. 11-40460.

691 F.3d 645 (2012)

Brandon A. BACKE; Joseph P. Belluomini; Shannon Belluomini; Chris Cornwell; Matthew L. Goodson; Michael R. McMillan; Daniel Cole O'Balle; Gilbert E. O'Balle, Jr.; Justin Packard; Calvin Silva; Aaron Trevino; Charles Young, Plaintiffs-Appellees, v. Steven LeBLANC; Chief Charles B. Wiley, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 16, 2012.


Attorney(s) appearing for the Case

John A. Irvine , Nancy Hahn Elliott , Lauren Beck Harris (argued), Eugene Montgomery Nettles , Porter & Hedges, L.L.P., Houston, TX, for Plaintiffs-Appellees.

William S. Helfand (argued), Norman Ray Giles , Chamberlain, Hrdlicka, White, Williams & Aughtry, Houston, TX, for Defendants-Appellants.

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


EDITH H. JONES, Chief Judge:

Appellants Steven LeBlanc and Charles Wiley, former City Manager and former Chief of Police for the City of Galveston, respectively, seek review of a district court order permitting general discovery without resolving their assertions of qualified immunity. Appellants asserted immunity in a motion to dismiss in response to Appellees' myriad Section 1983 claims, and the district court concluded it was "premature" to address the qualified...

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