Trevino v. City Corpus Christi, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 99-41331
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DENNIS TREVINO,
Plaintiff-Appellant,
VERSUS
CITY OF CORPUS CHRISTI; JUAN GARZA; HENRY GARRETT; JIMMY BRAY;
NANCY MRAZAK; PETER MERKL; AND MICHAEL WALSH,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
(C-97-CV-608)
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August 30, 2000
Before SMITH and DENNIS, Circuit
Judges, and HARMON, District Judge.*
PER CURIAM:**
Dennis Trevino appeals a summary judg-
ment entered in his civil rights action brought
under 42 U.S.C. § 1983. His claims include
malicious prosecution and intentional infliction
of emotional distress.
* District Judge of the Southern District of
Texas, sitting by designation.
** Pursuant to 5TH CIR. R. 47.5, the court has
determined that this opinion should not be
(continued...)
**(...continued)
published and is not precedent except under the
limited circumstances set forth in 5TH CIR. R.
47.5.4.

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2
We have examined the briefs and pertinent
portions of the record and have heard the ar-
guments of counsel. We find no reversible er-
ror in any of the actions taken by the district
court.
Specifically, we do not believe the court un-
duly restricted discovery. On the issue of ma-
licious prosecution, the district court carefully
set forth all the facts and circumstances that
easily establish probable cause to prosecute the
plaintiff. Moreover, the defendants’ actions do
not reach the level required for a finding of in-
tentional infliction of emotional distress.
AFFIRMED.

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