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LeSAVAGE v. WHITE

Nos. 82-3177, 83-3172.

755 F.2d 814 (1985)

Audrey LeSAVAGE and Bernard LeSavage, Plaintiffs-Appellees, v. Gerald WHITE and Phyllis White, James E. Carpenter, Pasco County, Defendants-Appellants. Bernard LeSAVAGE, Plaintiff-Appellant, v. James CARPENTER, Gerald White and Phyllis White, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 20, 1985.

Attorney(s) appearing for the Case

Julius F. Parker, Jr., Tallahassee, Fla., for Carpenter.

Eloise Taylor, Asst. County Atty. New Port Richey, Fla., for Pasco County.

Herman B. Blumenthal, III, Largo, Fla., Robert W. Morrison, Tampa, Fla., for LeSavage.

Before GODBOLD, Chief Judge, JOHNSON and CLARK, Circuit Judges.

GODBOLD, Chief Judge:

This appeal is from judgments in favor of plaintiffs against a deputy sheriff and two neighbors of plaintiffs, a judgment against the county for attorney's fees on 42 U.S.C. § 1983 claims, and a malicious prosecution claim and a common law battery claim. We reverse the § 1983 judgments and the malicious prosecution judgment and affirm the common law battery judgment.

Gerald and Phyllis White and Bernard and Audrey LeSavage lived...

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