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PARKS BY AND THROUGH PARKS v. COLLINS

No. 83-4107.

736 F.2d 313 (1984)

Philip Carmikle PARKS, a minor, by and Through his parents and next friends, Bobby Joe PARKS and Clara Mae Parks, Plaintiffs-Appellees, v. Geneva COLLINS, individually, and in her capacity as Instructor, Claiborne County Schools and John Charles Noble, individually and in his capacity as Superintendent of the Claiborne County Public Schools, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 5, 1984.

Attorney(s) appearing for the Case

Firnist J. Alexander, Jr., Jackson, Miss., for defendants-appellants.

Robert C. Connor, Jr., M. Rush O'Keefe, Jr., Port Gibson, Miss., Wilbur Colom, Columbus, Miss., for plaintiffs-appellees.

Before GEE, RANDALL, and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge:

This is an appeal in a § 1983 action from a verdict against defendants after trial before a magistrate pursuant to 28 U.S.C. § 636(c). The jury returned a verdict against defendants for both actual and punitive damages. On appeal, defendant argues that because Local Rule VII of the United States District Court for the Southern District of Mississippi was not followed, the magistrate had no jurisdiction to hear the case.

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