BALLARD v. SPRADLEY

Nos. 76-3182 to 76-3186.

557 F.2d 476 (1977)

William Charles BALLARD, Plaintiff-Appellee, v. Sheriff SPRADLEY, Lake City, Florida, Defendant. Joey ADAMS, Plaintiff-Appellee, v. J. C. COMBS, Inspector, and G. S. Fortner, Superintendent, Defendants. Stephen John FUNDAK, Jr., Plaintiff-Appellee, v. Louie L. WAINWRIGHT, Defendant. William JENNINGS, Jr., Plaintiff-Appellee, v. G. S. FORTNER, Superintendent, Florida State Prison, and Col. M. R. Hicks, Chief Correctional Officer, Div. of Corrections, Defendants. John L. HUTCHINS, Plaintiff-Appellee, v. Sgt. COWARD, Officer Crews, Officer M. L. Lee, Officer S. L. Smile, and Sgt. Fletcher, Defendants. Appeal of UNITED STATES MARSHAL SERVICE.

United States Court of Appeals, Fifth Circuit.

August 12, 1977.


Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Robert A. Leventhal, Asst. U. S. Atty., Jacksonville, Fla., J. Jerome Bullock, Associate Legal Counsel, Gerald M. Auerbach, Assoc. Legal Counsel, Washington, D. C., for plaintiffs-appellees in all cases.

John T. Chandler, Gainesville, Fla., Robert L. Shevin, Atty. Gen. of Fla., Dept. of Legal Affairs, Mary Jo Carpenter, Thomas M. Beason, Joseph W. Lawrence, II, Asst. Attys. Gen., Tallahassee, Fla., for defendants in all cases.

Julius F. Parker, Jr., Tallahassee, Fla., for Spradley.

Before GODBOLD and CLARK, Circuit Judges, and HOFFMAN, District Judge.


CLARK, Circuit Judge:

The United States Marshals Service appeals from an order requiring a local marshal to transport state prisoner-plaintiffs to the district court so that they may testify in pending 42 U.S.C. § 1983 actions. The order contemplates that each state prisoner will be transferred by the State of Florida from his regular place of incarceration to a local county jail. The marshal is directed to then take custody of the prisoners at the jail, transport...

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