Cressman v. Ellis

U.S. Courts of Appeals

Decided December 2, 2003

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U.S. Courts of Appeals · decided 2003-12-02

Cited by 2 later decisions — most recently August 2010

2 federal appellate ·

Applies 18 U.S.C. § 2510 (Electronic Communications Privacy Act of 1986) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985

Applies TX CP § 123.002

Good law ✅— No negative treatment on recordhow we know

Decided 2003-12-02

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¶1 ON PETITION FOR REHEARING

PER CURIAM. *

¶2 Appellees point out in their petition for rehearing that the judgment fails to address the state law claims of Appellant, for invasion of privacy and intentional infliction of emotional distress and the 42 U.S.C. § 1985 conspiracy claim. Because these claims were not raised or argued on appeal by Appellant, the judgment of the district court dismissing them is affirmed.

¶3 The petition for rehearing is granted. The judgment of the district court is reversed and the cause is remanded only as to the federal privacy invasion claim under 42 U.S.C. § 1983 and 18 U.S.C. § 2510 as well as the state law claim under Tex. Civ. Prac. & Rem.Code § 123.002.

¶4 Affirmed in Part; Reversed in Part. Remanded.

¶5 Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.