Andres Martinez v. Eloy Infante, in his individual capacity

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-40062
ANDRES MARTINEZ
Plaintiff-Appellee
v.
ELOY INFANTE, in his individual capacity; GEORGE
HERNANDEZ, in his individual capacity; ANICETO
SANTANA, in his individual capacity; SAUL MATA, in his
individual capacity; and RICHIE MORENO, in his individual
capacity
Defendants-Appellants
Appeal from the United States District Court
for the Southern District of Texas
No. 7:03-CV-00377
Before HIGGINBOTHAM, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
This appeal reaches us after the district court refused to grant qualified
immunity to the defendants-appellants for their alleged actions taken in
violation of the plaintiff-appellee’s constitutional rights. Construing the facts
under the appropriate pre-trial standards, the district court found that the law
United States Court of Appeals
Fifth Circuit
F I L E D
December 12, 2008
Charles R. Fulbruge III
Clerk

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No. 08-40062
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was clearly established that Martinez was entitled to procedural protections
under Texas law for either his superintendent contract or, if that contract was
void, his administrator contract; in light of this, it was objectively unreasonable
for the defendants-appellants to deny him such process.
We agree with the district court and we AFFIRM its judgment.

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