PORTER v. KIMZEY

Civ. A. No. 1291.

309 F.Supp. 993 (1970)

Harold PORTER, Plaintiff, v. Herbert B. KIMZEY, District Attorney Mountain Circuit, Grady F. Crocker, Sheriff of Habersham County, Clyde W. Simmons, R. L. Hansard, Edward C. Taylor, Billy S. Langley, Sr., and E. B. Caldwell.

United States District Court, N. D. Georgia, Gainesville Division.

February 6, 1970.


Attorney(s) appearing for the Case

Albert M. Horn, Orinda D. Evans, Atlanta, Ga., for plaintiff.

Robert B. Thompson, Weymon H. Forrester, Gainesville, Ga., Courtney Wilder Stanton, Atlanta, Ga., for defendants.

Before MORGAN, Circuit Judge, and SMITH and HENDERSON, District Judges.


PER CURIAM.

The three-judge feature of this case involves a facial attack on the constitutionality of a Georgia statute, under which the plaintiff was arrested following public criticism of certain personnel at a unit of the Georgia Department of Corrections where he had been employed as a guard. He seeks to enjoin any indictment or prosecution under the arrest warrant issued on the complaint of private individuals named in his statement charging him with a violation...

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