John Russell Webster, Cross-Appellants v. The City of Houston, Cross-Appellee

Plaintiff-Appellee John Russell Webster, et al., has petitioned for rehearing and, thereupon, that we limit the remand to the issue of damages. Upon reconsideration we conclude that the Websters should not be penalized, nor their attorneys or the trial judge faulted, for the jury instructions that lacked the refinements of our formulation to govern the imposition of municipal liability stated in. the prior en banc opinion of this case (735 F.2d 838, 841) and our recent writing in Bennett v. City of Slidell, 728 F.2d 762 (5th Cir.1984) (en banc). From the proof made, this jury could have found…