               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT
                       _____________________

                            No. 01-20110
                       _____________________

EARL VAN JONES,                                Plaintiff-Appellant,

                              versus

GUY WILLIAMS, Individually, and as
Sheriff of Montgomery County, Texas;
MONTGOMERY COUNTY, TEXAS,                      Defendants-Appellees.

                       _____________________

                            No. 01-20355
                       _____________________

MICHAEL ROGER SMITH,                           Plaintiff-Appellant,

                              versus

GUY WILLIAMS, Individually, and as
Sheriff of Montgomery County, Texas;
MONTGOMERY COUNTY, TEXAS,                   Defendants-Appellees.
_________________________________________________________________

          Appeals from the United States District Court
                for the Southern District of Texas
                    H-99-CV-972 & H-99-CV-2590
_________________________________________________________________
                          August 29, 2002
Before GARWOOD, JOLLY, and DAVIS, Circuit Judges.

PER CURIAM:*

     After review of the record, we find that we must remand these

cases for further proceedings, including a trial if necessary. Our

opinion today, however, should not prejudice the right of the

district court, after hearing the evidence, to grant a directed


     *
      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this opinion should not be published and is not precedent except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.
verdict, or a judgment as a matter of law, nor should it prejudice

the right of this court on any subsequent review of the evidence to

find   it   insufficient   to   support   a   finding   in   favor   of   the

plaintiff.

                                                  REVERSED AND REMANDED.




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