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JONES v. CITY OF JACKSON

No. 98-60013.

203 F.3d 875 (2000)

Joseph JONES, Plaintiff-Appellee, v. CITY OF JACKSON, et al., Defendants, Malcolm McMillin and Les Tannehill, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 20, 2000.

Attorney(s) appearing for the Case

Jeanine Michele Carafello (argued), Derek L. Hall, Hall, Smith-Miller & Carafello, Randy Alwyn Clark, Jackson, MS, for Plaintiff-Appellee.

Tommie S. Cardin (argued), Butler, Snow, O'Mara, Stevens & Cannada, Jack Robinson Dodson, III, Watkins, Ludlam, Winter & Stennis, Jackson, MS, for Defendants-Appellants.

David Daniel O'Donnell, Holcomb Dunbar, Oxford, MS, for Jessie Hopkins, Amicus Curiae.

Before EMILIO M. GARZA, DeMOSS and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Malcolm McMillin and Les Tannehill appeal the district court's denial of their motion for summary judgment, in which they claimed qualified, absolute and sovereign immunity from Joseph Jones's causes of action brought pursuant to 42 U.S.C. § 1983 and Mississippi state law. We affirm in part, reverse in part and remand the case to the district court for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

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