BURTON v. STATE OF MISS.

No. 80-3889.

650 F.2d 91 (1981)

Myrtle Green BURTON, et al, Plaintiffs-Appellants, v. STATE OF MISSISSIPPI, et al, Defendants. City of Jackson, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

July 7, 1981.


Attorney(s) appearing for the Case

Robert F. Mullen, Ralph L. McAfee, Thomas D. Barr, New York City, Constance Slaughter Harvey, Forest, Miss., Frank R. Parker, Lawyers' Committee for Civil Rights Under Law, Jackson, Miss., for plaintiffs-appellants.

Robert G. Nichols, Jr., Rufus Creekmore, Jackson, Miss., for defendant-appellee.

Before BROWN and GARZA, Circuit Judges, and BEER, District Judge.


PER CURIAM:

In 1974 this Court in a painstaking opinion1 which canvassed practically every aspect of the responsibility of each and every person proved to have fired weapons in the supposed "riot" situation at Jackson State University held that the City of Jackson was immune from § 1983 liability because it was not a "person". For this conclusion the Court had unquestioned, unassailable, incontrovertible...

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