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STEPHENSON v. GASKINS

No. 75-4301 Summary Calendar.

539 F.2d 1066 (1976)

Robert Louis STEPHENSON, Plaintiff-Appellant, v. Walter GASKINS, Sheriff, Berrien County, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 30, 1976.

Attorney(s) appearing for the Case

Robert Louis Stephenson, pro se.

J. Reese Franklin, Nashville, Ga., for defendant-appellee.

Before BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.

PER CURIAM:

Having withheld the mandate, the court on its own motion withdraws its original panel opinion, dated May 14, 1976, and substitutes this modified opinion in lieu thereof.

Appellant Robert Louis Stephenson brought this 42 U.S.C.A. § 1983 action against appellee Walter Gaskins, the sheriff of Berrien County, Georgia. Arrested pursuant to a lawful arrest warrant for forgery on December 17, 1973, Stephenson was released from jail on January 24...

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