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MADISON v. GERSTEIN

No. 29390.

440 F.2d 338 (1971)

John MADISON and Kim Madison, Plaintiffs-Appellants, v. Richard E. GERSTEIN and E. Wilson Purdy, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 24, 1971.

Attorney(s) appearing for the Case

Richard Kanner, Miami, Fla., for plaintiffs-appellants.

Thomas C. Britton, County Atty., Joseph D. Komansky, Asst. Co. Atty., Jos. W. Womack, Miami, Fla., for defendants-appellees.

Before BELL, DYER and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This suit is brought by California residents against Richard E. Gerstein, the State Attorney, and E. Wilson Purdy, the Director of Public Safety and Sheriff, of Dade County, Florida, for damages for common law malicious prosecution and false arrest and for invasion of civil rights under 42 U.S.C. §§ 1983, 1985(1) and 1986. It emanates from a criminal prosecution against the plaintiffs for child abuse, which was dismissed prior to trial...

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