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GIBBS v. KING

No. 84-3232.

779 F.2d 1040 (1986)

Maurice GIBBS, Plaintiff-Appellant, v. John T. KING, Secretary, Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 2, 1986.

Attorney(s) appearing for the Case

R. Paul Yetter, Baker & Botts, Houston, Tex. (Court Appointed), for plaintiff-appellant.

J. Marvin Montgomery, Joseph Erwin Kopsa, Asst. Atty. Gen., Baton Rouge, La., for defendants-appellees.

Before GARZA, POLITZ, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge.

Maurice Gibbs, a prisoner incarcerated in the Louisiana State Penitentiary, brought suit under 42 U.S.C. § 1983 against John King, Secretary of the Louisiana Department of Corrections; Fulton Rabalais, Alvin Whitstine, Joe Lee Norwood, and Johnny Butler, all supervisory employees at the penitentiary; and Richard Alexander and Lee Slan, both prison guards. In a trial before the magistrate, at the close of Gibbs' case the magistrate...

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