LYNCH v. CANNATELLA

No. 86-3232.

810 F.2d 1363 (1987)

Errol LYNCH, et al., Plaintiffs-Appellees, v. Joseph S. CANNATELLA, Jr., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 27, 1987.


Attorney(s) appearing for the Case

Norman A. Mott, III, Partee, Leefe, Waldrip & Roniger, Emery N. Voorhies, Wm. Guste, Jr., Atty. Gen., Kendall L. Vick, Asst. Atty. Gen., New Orleans, La., for defendants-appellants.

Ellen Sue Shapiro, Office of Immigration Lit., Civ. Div., U.S. Dept. of Justice, Thomas W. Hussey, Washington, D.C., for Lambert.

Nicolas Estiverne, Vernon Thomas, New Orleans, La., for plaintiffs-appellees.

Before GOLDBERG, RUBIN, and POLITZ, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The issue is whether official immunity shields federal and state officials from suit by foreign stowaways who, after being discovered aboard a barge, were detained and allegedly mistreated before being deported. We hold that even excludable aliens are entitled to the protection of the due process clause while they are physically in the United States, but the charges against some of the officials, federal and state, are insufficient to...

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