                                                                   United States Court of Appeals
                                                                            Fifth Circuit
                                                                          F I L E D
                   IN THE UNITED STATES COURT OF APPEALS
                                                                          August 8, 2005
                            FOR THE FIFTH CIRCUIT
                            _____________________                     Charles R. Fulbruge III
                                                                              Clerk
                                 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.



     *
      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this opinion should not be published and is not precedent except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.
