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LEGGETT v. BADGER

No. 83-3657.

759 F.2d 1556 (1985)

James Lee LEGGETT, Plaintiff-Appellant, v. Frederick L. BADGER, individually & official capacity as corr. officer w/FL Dept. of Corr. Louie L. Wainwright, Secy. of FL. Dept. of Corrections; J.C. Combs, Supt. FSP, Starke, FL., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied July 1, 1985.

Attorney(s) appearing for the Case

John D. Middleton, Middleton, Glant & Daniel, Gainesville, Fla., for plaintiff-appellant.

Joseph A. Linnehan, William D. Hall, Asst. Attys. Gen., Tallahassee, Fla., for defendants-appellees.

Before RONEY and CLARK, Circuit Judges, and SIMPSON, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied July 1, 1985.

RONEY, Circuit Judge:

The central issue in this 42 U.S.C.A. § 1983 appeal is whether an assessment of attorney's fees against the State is precluded when damages are awarded against a defendant official only in his individual capacity. We reverse and remand, holding that under Glover v. Alabama Dept. of Corrections, 734 F.2d 691...

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