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MOON v. CITY OF EL PASO

No. 17-50572.

906 F.3d 352 (2018)

Brandon Lee MOON, Plaintiff-Appellant, v. CITY OF EL PASO; County of El Paso; Salvador Olivarez; Detective Jeffrey Dove; Assistant District Attorney John Davis; Edie Rubalcaba; Gilbert Sanchez, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed October 15, 2018.

Attorney(s) appearing for the Case

Jane Webre , William Gray Cochran , Scott, Douglass & McConnico, L.L.P., Austin, TX, Benigno Trey Martinez, III , Law Office of Benigno (Trey) Martinez, P.L.L.C., Brownsville, TX, for Plaintiff-Appellant.

Oscar Guillermo Gabaldon, Jr. , Assistant Counsel, City Attorney's Office for the City of El Paso, El Paso, TX, for Defendant-Appellee City of El Paso.

Cygne Lynn Nemir , John E. Untereker , County Attorney's Office for the County of El Paso, El Paso, TX, for Defendants-Appellees County of El Paso, Assistant District Attorney John Davis, Edie Rubalcaba, Gilbert Sanchez.

David Pierce , Law Office of David Pierce, El Paso, TX, for Defendants-Appellees Salvador Olivarez, Detective Jeffrey Dove.

Before JOLLY, ELROD, and WILLETT, Circuit Judges.

Brandon Lee Moon languished in prison nearly seventeen years for a crime he did not commit. Fortunately—albeit belatedly—post-conviction DNA testing exonerated him. Upon his release, Moon sued various government and law enforcement personnel over his wrongful conviction and imprisonment. In this appeal...

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