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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.