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TIMMERMAN v. BROWN

No. 75-1208.

528 F.2d 811 (1975)

Melvin Lee TIMMERMAN, and Robert Thomas, Individually and on behalf of all others similarly situated, Appellants, v. The Honorable Franchot A. BROWN, in his official capacity as Magistrate for the County of Richland, State of South Carolina, and John Foard, in his official capacity as Solicitor for the County of Richland of the State of South Carolina, Appellees, and William Leeke, in his official capacity as Director of the Department of Corrections of the State of South Carolina, et al., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 1975.

Attorney(s) appearing for the Case

Allan R. Holmes, Columbia, S.C. [court-assigned counsel], for appellants.

Frank Wiggins, Washington, D.C., on brief, for amicus curiae for The National Legal Aid and Defender Association.

Emmet H. Clair, Asst. Atty. Gen. of South Carolina (Daniel R. McLeod, Atty. Gen. of South Carolina, and Stephen T. Savitz, Asst. Atty. Gen. of South Carolina, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

In plaintiffs' suit for equitable relief, declaratory relief and money damages because defendants allegedly were violating plaintiffs' first and fourteenth amendment rights by prosecuting them and by suppressing the prosecution of others, the district court granted motions to dismiss in favor of Franchot A. Brown and John Foard, Magistrate and Solicitor, respectively, for the County of Richland, South Carolina. The district court ruled that...

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