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United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS November 6, 2003 FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-41440 Summary Calendar PHILIP M. BRADY, Plaintiff-Appellant, versus RANDALL GELINO, Individually & in his Official Capacity as Supervisor/Foreman, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Texas (1:01-CV-254) Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Philip Brady appeals, pro se, the summary judgment dismissal of his action against Randall Gelino. Brady contends that Gelino’s defense to the action is nullified because he was improperly represented by government attorneys. However, neither Kentucky v. Graham,
473 U.S. 159(1985), nor
28 C.F.R. § 50.15bar government representation of government employees sued in their individual capacity. “We doubt in any event that the rules regarding * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. representation by the government of its employees are intended for the protection of opposing litigants....” Bontkowski v. Smith,
305 F.3d 757, 760 (7th Cir. 2002). AFFIRMED 2
Document Info
Docket Number: 02-41440
Citation Numbers: 79 F. App'x 724
Judges: Barksdale, Dennis, Emilio, Garza, Per Curiam
Filed Date: 11/6/2003
Precedential Status: Non-Precedential
Modified Date: 8/1/2023