United States Fifth Circuit

Summary judgment and dismissal in favor of defendants-police officers in a 42 U.S.C. section 1983 suit is vacated in part where: 1) a search of defendant's car was unconstitutional and police officers conducting the search were not entitled to qualified immunity; and 2) dismissal of claims against a city relating to the car search was error.

Appellate Information

• Decided 08/16/2006
• Published 08/17/2006

Judges

• PER CURIAM:, Before DeMOSS, BENAVIDES and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Shalanda DeShon Moore (argued), Willie & Associates, Houston, TX, for Mack., Theresa Whitehead James, Abilene, TX, for City of Abilene.


• For Appellees:
  
• Sharon E. Hicks, City Atty., Carolyn Foster, Megan Robbins Santee (argued), Abilene, TX, for Defendants-Appellees.