United States Fifth Circuit

In a 42 U.S.C. section 1983 action claiming that defendant-officers conducted a warrantless search of plaintiff's property and seized her animals, summary judgment for defendants is reversed where: 1) plaintiff's evidence opposing summary judgment created a genuine question of fact with respect to the animal cruelty proceedings' criminal or civil nature; and 2) the district court erred when it concluded that defendant-prosecutor's absolute prosecutorial immunity shielded her from all of plaintiff's claims.

Appellate Information

• Decided 12/17/2009
• Published 12/17/2009

Judges

• JENNIFER W. ELROD, Circuit Judge:, Before BARKSDALE, DENNIS and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gregory S. Simmons (argued), Seguin, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Michael A. Shaunessy (argued), Sheri Richie Hunter, Special Counsel, Sedgwick, Detert, Moran & Arnold, L.L.P., Austin, TX, for Defendants-Appellees.