PHILLIPS v. COLE

Civ. A. No. GC6842-K.

298 F.Supp. 1049 (1968)

Will PHILLIPS, Kelly Lee Dillard, Evelyn Jean Denton, Billy Smith, Johnny Mabry and Trellis Vance, individually and on behalf of those similarly situated, Plaintiffs, v. D. L. COLE, as Mayor and Police Justice of the City of Indianola, Mississippi; Frank Crosthwait, Jr., as County Attorney of Sunflower County, Mississippi; J. D. Thomas, as Chancellor of Place Two of the Ninth Chancery District of Mississippi; Ernest Kellner, as Chancellor of Place One of the Ninth Chancery District of Mississippi; and Jack Harper, Jr., as Youth Court Referee of Sunflower County, Mississippi, Defendants.

United States District Court N. D. Mississippi, Greenville Division.

October 3, 1968.


Attorney(s) appearing for the Case

L. A. Aschenbrenner, Robert Fitzpatrick, Jackson, Miss., for plaintiffs.

Frank Crosthwait, Jr., Indianola, Miss., Will S. Wells, Asst. Atty. Gen., State of Mississippi, Jackson, Miss., for defendants.


KEADY, Chief Judge.

MEMORANDUM OPINION

This is an action brought by plaintiffs, pursuant to 42 U.S.C. § 1983, to secure a preliminary and permanent injunction restraining defendants and their successors in office from trying plaintiffs, who are indigent juveniles, on charges of delinquency in the youth court or for misdemeanors in the Mayor's court without advising them of their right to counsel pursuant to the Sixth and Fourteenth Amendments to the...

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