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SHAW v. GARRISON

No. 75-2019.

545 F.2d 980 (1977)

Clay L. SHAW, Plaintiff-Appellee, v. Jim GARRISON et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 24, 1977.

Attorney(s) appearing for the Case

Malcolm W. Monroe, Michael L. Goldblatt, A. E. Papale, Jr., Peter J. Butler, Clem Tricon Sehrt, New Orleans, La., for defendants-appellants.

F. Irvin Dymond, Edward F. Wegmann, William J. Wegmann, Salvatore Panzeca, New Orleans, La., for plaintiff-appellee.

Before WISDOM and INGRAHAM, Circuit Judges, and GROOMS, District Judge.

WISDOM, Circuit Judge:

This case, before us on an interlocutory appeal, 28 U.S.C. § 1292(b), arises from an investigation conducted by the then district attorney of Orleans Parish, Jim Garrison, concerning the assassination of President John F. Kennedy and the prosecution of Clay Shaw for conspiring to assassinate President Kennedy. It presents a novel question of law: Does an action a plaintiff institutes under 42 U.S.C. § 1983 survive his death despite...

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