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Johnson v. Waters, 04-40664 (2005)

Court: Court of Appeals for the Fifth Circuit Number: 04-40664 Visitors: 68
Filed: Feb. 11, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS For the Fifth Circuit February 11, 2005 Charles R. Fulbruge III Clerk No. 04-40664 SHANIKWA JOHNSON Plaintiff - Appellee VERSUS MARK WATERS, Etc; ET AL Defendants MARK WATERS, Deputy Constable Defendant - Appellant Appeal from the United States District Court For the Eastern District of Texas 6:03-CV-318 Before JOLLY and DAVIS, Circuit Judges, and ENGELHARDT*, District Judge. PER CURIAM:** In this appeal from d
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United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS For the Fifth Circuit February 11, 2005 Charles R. Fulbruge III Clerk No. 04-40664 SHANIKWA JOHNSON Plaintiff - Appellee VERSUS MARK WATERS, Etc; ET AL Defendants MARK WATERS, Deputy Constable Defendant - Appellant Appeal from the United States District Court For the Eastern District of Texas 6:03-CV-318 Before JOLLY and DAVIS, Circuit Judges, and ENGELHARDT*, District Judge. PER CURIAM:** In this appeal from denial of qualified immunity, we agree with the district court that questions of fact are presented as to whether the defendant Constable Waters used excessive force in * District Judge of the Eastern District of Louisiana, sitting by designation. ** 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. seizing the plaintiff. Because genuine issues of material fact are presented we have no jurisdiction to consider this appeal. Appeal dismissed. 2
Source:  CourtListener

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