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ADAMS v. McILHANY

No. 84-1827.

764 F.2d 294 (1985)

Doris ADAMS, Plaintiff-Appellant, v. Grainger W. McILHANY, Individually and as Presiding Judge of the 31st Judicial District of Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 1985.

Attorney(s) appearing for the Case

Spivey, Grigg & Kelly, Broadus A. Spivey, Paul E. Knisely, James C. Harrington, American Civil Liberties Foundation of Texas, Inc., Austin, Tex., Betty Wheeler, Amarillo, Tex., for plaintiff-appellant.

Waters, Holt, Fields & Waters, Bill Wyatt Waters, Pampa, Tex., Jim Mattox, Atty. Gen. of Tex., Scott Lyford, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before BROWN, POLITZ and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Doris Adams, the mother of three men tried before Texas Judge Grainger W. McIlhany, brought suit against the judge under 42 U.S.C. § 1983 after McIlhany sentenced her to thirty days in jail for contempt. The contempt arose from a letter Adams sent McIlhany four months previously intimating that he had dealt harshly with her sons because they could not afford to bribe him. Adams' sons were not required to spend time in prison. She...

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