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DZANA v. FOTI

No. 86-3668 Summary Calendar.

829 F.2d 558 (1987)

Lindelo M. DZANA, Plaintiff-Appellant, v. Charles C. FOTI, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 16, 1987.

Attorney(s) appearing for the Case

Jane Johnson, Supervising Atty., Karen L. Campbell, Student Atty., Tulane Law Clinic, New Orleans, La., for plaintiff-appellant.

Usry & Weeks, Freeman R. Matthews, Metairie, La., for defendants-appellees.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

JOHNSON, Circuit Judge:

An Immigration and Naturalization Service (INS) detainee appeals from the dismissal of his civil rights action against officials of the Orleans Parish prisons. Because we must hold that the district court applied the wrong legal standard in dismissing the case, we reverse and remand.

I. BACKGROUND

Lindelo Moses Dzana arrived in the United States from South America as a stow-away on...

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