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CITY OF HEARNE, TEXAS v. JOHNSON

No. 17-50970.

929 F.3d 298 (2019)

CITY OF HEARNE, TEXAS, Plaintiff v. Milton JOHNSON, Defendant-Cross Claimant-Appellee v. Bryan F. Russ, Jr., Cross Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED July 8, 2019.

Attorney(s) appearing for the Case

Eric Clayton Farrar , Olson & Olson, L.L.P., Houston, TX, for Cross Defendant-Appellant.

Ty Clevenger , Brooklyn, NY, for Defendant-Cross Claimant-Appellee.

Before DENNIS, OWEN, and SOUTHWICK, Circuit Judges.

This is an appeal from the denial of qualified immunity to a city attorney in a Section 1983 suit. We conclude the plaintiff does not have standing to pursue the claim in federal court. We therefore VACATE and DISMISS.

FACTUAL AND PROCEDURAL BACKGROUND

Organizers in Hearne, Texas circulated an...

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