McGRUDER v. NECAISE

No. 83-4570 Summary Calendar.

733 F.2d 1146 (1984)

Robert McGRUDER, Plaintiff-Appellant, v. Albert L. NECAISE, William Eugene Henry and State of Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 8, 1984.


Attorney(s) appearing for the Case

Toxey H. Smith, Jr., Biloxi, Miss., for plaintiff-appellant.

William A. Allain, Atty. Gen., Bill Patterson, Asst. Atty. Gen., and R. Lloyd Arnold, Sp. Asst. Atty. Gen., Jackson, Miss., for defendants-appellees.

Before REAVLEY, RANDALL and WILLIAMS, Circuit Judges.


REAVLEY, Circuit Judge:

We must determine whether certain threats allegedly made by the individual defendants during the course of plaintiff's prosecution were within the immunity extended to prosecutors and whether the State of Mississippi was entitled to its immunity under the Eleventh Amendment. The district court upheld both immunities and dismissed the complaint. We affirm.

I

According to plaintiff's allegations, which we take as true, Robert...

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