Hooten v. City of Hondo

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 8, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
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.

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