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As amended April 29, 2002

Richard Keenan and Ray Przybylski alerted the Bexar County district attorney and a San Antonio television station to possible wrongdoing by a Bexar County constable, Ruben Tejeda. After the television station aired a critical report on the constable, Keenan and Przybylski were subjected to a “felony” traffic stop by numerous officers with guns drawn, and Keenan was prosecuted unsuccessfully for “deadly conduct” for allegedly pointing a gun at the constable. Keenan and Przybylski then filed this � 1983 action against Constable Tejeda, Deputy Constable Joseph Martinez, and Bexar County. The district court granted summary judgment for the defendants. We hold that (1) the defendants were not entitled to summary judgment on the plaintiffs’ First Amendment retaliation claim, (2) fact questions exist as to whether Constable Tejeda and Deputy Constable Martinez are entitled to qualified immunity from suit, (3) the plaintiffs waived their Equal Protection and Due Process claims by not properly presenting them to the district court, and (4) Bexar County is not subject to liability under � 1983.


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