AMERICAN CIVIL LIBERTIES U. OF MISS. v. FINCH

No. 79-2175.

638 F.2d 1336 (1981)

AMERICAN CIVIL LIBERTIES UNION OF MISSISSIPPI, INC., et al., Plaintiffs-Appellants, v. Cliff FINCH, Governor of the State of Mississippi et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

March 13, 1981.


Attorney(s) appearing for the Case

Christopher R. Kelley, Robert Rubin, Jackson, Miss., Jack D. Novik, New York City, for plaintiffs-appellants.

A. F. Summer, Atty. Gen. of Miss., J. Stephen Wright, Sp. Asst. Atty. Gen., Peter M. Stockett, Jr., Asst. Atty. Gen., Darold L. Rutland, Jackson, Miss., for defendants-appellees.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.


WISDOM, Circuit Judge:

The plaintiffs/appellants brought this § 1983 action based on alleged violations of their first amendment and other constitutional rights. They sued the defendant state officials in their official capacities for declaratory and injunctive relief and in their individual capacities for damages. The district judge, relying on the doctrine of sovereign immunity, dismissed this case entirely on his own motion, without the benefit of briefs or...

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