Hooten v. City of Hondo

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 8, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 04-51072 _____________________

JAMES T. HOOTEN, Plaintiff - Appellee,

versus

CITY OF HONDO; ET AL.,

Defendants,

ANDY CHERNAK; DON BERGER,

Defendants - Appellants.

__________________________________________________________________

Appeals from the United States District Court for the Western District of Texas USDC No. 5:03-CV-1218 _________________________________________________________________

Before JOLLY, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:*

After a study of the briefs and record and after oral

argument, we are convinced in this very close case that the

district court committed no reversible error in denying qualified

immunity in the light of the factual disputes that remain.

Accordingly, the appeal is

DISMISSED.

* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.