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EMORY v. PEELER

No. 83-8477.

756 F.2d 1547 (1985)

Beoties EMORY, Plaintiff-Appellant, v. Clarence PEELER, Individually and in his official capacity as Superior Court Judge, Stone Mountain Judicial Circuit, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 8, 1985.

Attorney(s) appearing for the Case

Donald M. Dotson, Atlanta, Ga., Bensonetta T. Lane, College Park, Ga., for plaintiff-appellant.

Kathryn Allen, Hamilton Lokey, Atlanta, Ga., for defendant-appellee.

Before TJOFLAT and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

This is a suit brought by a juror in a state court murder trial against the judge who presided over the trial. The juror claimed that the judge violated his constitutional rights by singling him out in open court, after the jury returned its verdict, as the only juror to vote against the death penalty and by commenting about the juror to a news reporter in a published interview. The juror sought declaratory relief and money damages against...

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