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SIMMONS v. McELVEEN

No. 87-4398.

846 F.2d 337 (1988)

Allen Wade SIMMONS, et ux., Appellants, v. Sheriff Wayne McELVEEN, et al., Appellees.

United States Court of Appeals, Fifth Circuit.

June 8, 1988.

Attorney(s) appearing for the Case

Roy, Carmouche, Bivins, Judice, Henke & Breaud, Frank W. Dawkins, Lafayette, La., Dennis R. Whalen, Baton Rouge, La., for appellants.

Book & Beverung, Fred A. Book, Jr., M. Steven Beverung, Lake Charles, La., for McEleveen, Lee, Herbert & Imperial Gas Ind. Co.

John L. Van Norman, III, Lake Charles, La., for City of Westlake, La.

Jeffrey Alan Keenan, Lake Charles, La., for Ballard, Reed, Herferd & City of Westlake.

James L. Pate, Laborde & Neuner, Lafayette, La., for Wagguespack, St., & D.J.W. Ins. Agency, Inc.

Before GARZA, HIGGINBOTHAM and SMITH, Circuit Judges.

GARZA, Circuit Judge:

Allen Wade Simmons brought suit against various police officers and municipalities for violations alleging to have occurred under 42 U.S.C. § 1983 (1982). State actions for false imprisonment and loss of consortium were also brought. The district granted the defendant's motion for summary judgment and dismissed Simmons' 1983 action. We are affirming the district court.

I.

On March 7, 1985, an armed robbery and shooting...

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