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DEAN v. PHATAK

No. 16-20650.

911 F.3d 286 (2018)

Noel T. DEAN, Plaintiff-Appellee v. Darshan R. PHATAK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED December 20, 2018.

Attorney(s) appearing for the Case

Jerry J. Galow , Galow Law Firm, Austin, TX, for Plaintiff-Appellee.

William S. Helfand , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Mary E. Baker , County Attorney's Office for the County of Harris, Houston, TX, for Defendant-Appellant.

Donald P. Wilcox, Esq. , General Counsel, Texas Medical Association, Austin, TX, for Amici Curiae American Medical Association, National Association of Medical Examiners, College of American Pathologists, Texas Medical Association, and Texas Society of Pathologists.

Before HIGGINBOTHAM, JONES, and GRAVES, Circuit Judges.

A state medical examiner appeals the denial of his motion for summary judgment based on qualified immunity on claims arising from the failed prosecution of a husband for the death of his wife. We vacate the district court's denial and remand for reconsideration of...

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