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BOLTON v. CITY OF DALLAS, TEX.

No. 07-10999.

541 F.3d 545 (2008)

Terrell BOLTON, Plaintiff-Appellant, v. CITY OF DALLAS, TEXAS; City Manager Teodoro Benavides, In His Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 7, 2008.

Attorney(s) appearing for the Case

Katherine Louise Butler (argued), Butler & Harris, Houston, TX, for Bolton.

George Allen Butler (argued), Foster J. Reese, III, Hunton & Williams, Dallas, TX, for Defendants-Appellees.

Before JOLLY, CLEMENT and OWEN, Circuit Judges.

PER CURIAM:

After a remand from this court, Terrell Bolton, former police chief of the City of Dallas, Texas, again appeals from the district court's ruling and judgment that the City of Dallas is not liable, under 42 U.S.C. § 1983, for his termination by Ted Benavides, the Dallas city manager. Because we agree that, even though Benavides was the final decisionmaker, his actions in this respect were not the policy of the City and, as a result, the City is not...

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