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MILLER v. JONES

No. 75-3882.

534 F.2d 1178 (1976)

Warren C. MILLER, Jr., Petitioner-Appellee, v. Clarence JONES, Sheriff, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 12, 1976.

Attorney(s) appearing for the Case

Henry Wade, Crim. Dist. Atty., John B. Tolle, John H. Hagler, Asst. Dist. Attys., Dallas, Tex., for defendant-appellant.

Tom S. McCorkle, Dallas, Tex., for petitioner-appellee.

Before TUTTLE, AINSWORTH and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Sheriff Clarence Jones appeals from the entry of a jury trial award of damages to Warren C. Miller, Jr., for wrongful imprisonment and for injuries sustained by Miller while held in Sheriff Jones' custody pursuant to an arrest warrant which, unknown to the Sheriff, had been withdrawn prior to Miller's arrest and incarceration. Jurisdiction of the count asserting wrongful arrest was laid under 42 U.S.C. § 1983 and 28 U.S.C. § 1343. Jurisdiction...

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