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SMITH v. RABALAIS

No. 80-3587.

659 F.2d 539 (1981)

Charles SMITH, Plaintiff-Appellant, v. Fulton RABALAIS, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

October 15, 1981.

Attorney(s) appearing for the Case

Professor George M. Strickler, New Orleans, La. (Court-appointed), for plaintiff-appellant.

J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., S. Dwayne Broussard, Staff Atty., Dept. of Justice, Baton Rouge, La., for defendants-appellees.

Before CHARLES CLARK, TATE and SAM D. JOHNSON, Circuit Judges.

TATE, Circuit Judge:

The plaintiff, Charles Smith, an inmate at Louisiana State Penitentiary at Angola, appeals from summary judgment dismissing with prejudice his petition for habeas relief1 and for damages for violation of his civil rights pursuant to the provisions of 42 U.S.C. § 1983.2 Contending that the district judge erred in granting defendant's motion for summary judgment, Smith claims that the...

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