Cressman, et al v. Ellis, et al

United States Court of Appeals
Fifth Circuit
F I L E D
November 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50170
RALPH CRESSMAN; PAULA SCHNIZER;
JOE MAGOURIK; GREG MOSBY; JIMMY DAWS,
Plaintiffs-Appellants,
versus
MARTHA ELLIS; CHARLES REED; DONNY HARLAN,
also known as Dony Harland; RICHARD MORRIS;
RAY RUSHING,
Defendants-Appellees.
Appeal from the United States District Court for
the Western District of Texas
(02-CV-275)
_______________________________________________________

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*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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
ON PETITION FOR REHEARING
Before REAVLEY, HIGGINBOTHAM and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appellees point out in their petition for rehearing that the judgment fails to
address the state law claims of Appellant, for invasion of privacy and intentional
infliction of emotional distress and the 42 U.S.C. § 1985 conspiracy claim. Because
these claims were not raised or argued on appeal by Appellant, the judgment of the
district court dismissing them is affirmed.
The petition for rehearing is granted. The judgment of the district court is
reversed and the cause is remanded only as to the federal privacy invasion claim
under 42 U.S.C. § 1983 and 18 U.S.C. § 2510 as well as the state law claim under
TEX. CIV. PRAC. & REM. CODE § 123.002.
Affirmed in Part; Reversed in Part. Remanded.

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