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GLOVER v. ALABAMA DEPT. OF CORRECTIONS

No. 83-7122.

753 F.2d 1569 (1985)

Willie James GLOVER, Plaintiff-Appellee, v. ALABAMA DEPARTMENT OF CORRECTIONS, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 27, 1985.

Attorney(s) appearing for the Case

Jack M. Curtis, Montgomery, Ala., for Towns.

Bobby N. Bright, Gen. Counsel, Ala. Dept. of Corrections, Montgomery, Ala., for State of Ala., Dept. of Corrections.

Frank Wilson, Montgomery, Ala., for plaintiff-appellee.

Before GODBOLD, Chief Judge, RONEY and SMITH, Circuit Judges.

ON PETITIONS FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion June 18, 1984, 11 Cir., 1984, 734 F.2d 691).

PER CURIAM:

Judgment was ordered against Towns in his individual capacity since the Eleventh Amendment barred recovery for actions taken in his official capacity. Towns' actions were taken, though, while he was on duty. Throughout the litigation and on appeal, Towns was represented by the Attorney...

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