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SMITH EX REL. SMITH v. SIEGELMAN

No. 02-10005.

322 F.3d 1290 (2003)

Curtis SMITH, a minor, who sues by & through his mother & next friend, Joyce SMITH, Plaintiff-Appellee, v. Don SIEGELMAN, in his personal capacity, Bob Riley, in his official capacity as Governor of AL, Bill Pryor, in his capacity as Attorney General of AL & in his personal capacity, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 28, 2003.

Attorney(s) appearing for the Case

James Edward Long, Alabama Dept. of Human Resources, Montgomery, AL, for Defendants-Appellants.

Roger C. Appell, Law Offices of Roger C. Appell, Birmingham, AL, for Plaintiff-Appellee.

Before TJOFLAT, WILSON and COWEN, Circuit Judges.

TJOFLAT, Circuit Judge:

The sole issue in this interlocutory appeal is whether nine public servants, who are being sued for money damages in their individual capacities under 42 U.S.C. § 1983, are entitled to qualified immunity with respect to the claim that they violated plaintiff's Fourteenth Amendment rights by designating him a child abuser without first affording him a due process hearing.1 The defendants raised their qualified...

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