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BRUMFIELD v. HOLLINS

No. 07-61023.

551 F.3d 322 (2008)

Renisa L. BRUMFIELD, Individually and as Wrongful Death Beneficiaries and Representatives of the Heirs-at-Law of Theodore Smith, Deceased; and the Estate of Theodore Smith, by and through its duly appointed Administratrix, Renisa L. Brumfield, Plaintiff-Appellant, v. Solomon Ray HOLLINS, In his Official Capacity as Deputy Sheriff of Marion County, Mississippi; Clarence Louge, In his Official Capacity as Deputy Sheriff of Marion County, Mississippi; Delano Thornhill, "Butch", In his Official Capacity as Deputy Sheriff of Marion County, Mississippi; Richard Stringer, "Rip", Individually and in his Official Capacity as Sheriff of Marion County, Mississippi; Marion County, Mississippi; Charles Bumper Bryant, In his Official Capacity as Deputy Sheriff of Marion County, Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 2, 2008.

Attorney(s) appearing for the Case

John Samuel Hill (argued), Lamar Bradley Dillard (argued), Stephen Pierce Spencer, Mitchell, McNutt & Sams, Tupelo, MS, for Plaintiff-Appellant.

James Lawson Hester (argued), Jacqueline H. Ray, Page, Kruger & Holland, Jackson, MS, for Defendants-Appellees.

Before BENAVIDES, SOUTHWICK and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Theodore Smith hung himself on January 3, 2002 while confined in the "drunk tank" at the old Marion County Jail (the "Old Jail"). Renisa Brumfield, Smith's daughter, instituted this action under 42 U.S.C. § 1983 (2003) against Marion County and against Sheriff Richard "Rip" Stringer, Deputy Sheriff Solomon Ray Hollins, Deputy Sheriff Clarence Louge, Deputy Sheriff Delano "Butch" Thornhill, and Deputy Sheriff Charles "Bumper" Bryant in their...

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