Jones v. Williams

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2