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OWENS v. KELLEY

No. 80-9010.

681 F.2d 1362 (1982)

Michael Stevens OWENS, Plaintiff-Appellant v. Asa D. KELLEY, Jr., etc. et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 5, 1982.

Attorney(s) appearing for the Case

James Finkelstein, Albany, Ga., for plaintiff-appellant.

Douglas Bruce Brown, Atlanta, Ga., for amicus curiae American Civ. Liberties Union Foundation of Ga., Inc.

Daniel MacDougald, III, Albany, Ga., John W. Dunsmore, Jr., Mary Beth Westmoreland, Atlanta, Ga., C. Nathan Davis, Albany, Ga., for defendants-appellees.

Before MORGAN, HILL and KRAVITCH, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This case arose when Michael Owens brought an action under 42 U.S.C. § 1983 against various defendants challenging the constitutionality of certain conditions of probation placed upon him by Judge Asa Kelley of the Superior Court of Dougherty County, Georgia.1 The District Court denied Owens' motion for summary judgment and granted the motion for summary judgment filed by the defendants. Owens now appeals...

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