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BERRY v. McLEMORE

No. 81-4106 Summary Calendar.

670 F.2d 30 (1982)

Earl BERRY, Plaintiff-Appellant, v. Jimmy McLEMORE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 8, 1982.

Attorney(s) appearing for the Case

Jim Waide, West Point, Miss., for plaintiff-appellant.

Jan R. Butler, Eupora, Miss., for defendants-appellees.

Before CLARK, Chief Judge, REAVLEY and RANDALL, Circuit Judges.

CLARK, Chief Judge:

Plaintiff Earl Berry brought this civil rights action in federal district court against the Town of Maben, Mississippi and Jimmy McLemore, a police officer employed by the Town, for injuries Berry sustained during his arrest by McLemore.

The Town of Maben hired McLemore as a police officer in April 1978, and promoted him to Chief of Police on a probationary basis one year later. Shortly after his promotion, McLemore attempted to make a...

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