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MAIRENA v. FOTI

No. 86-3238.

816 F.2d 1061 (1987)

Donald MAIRENA, Plaintiff-Appellee, v. Charles FOTI, Criminal Sheriff for the Parish of Orleans, et al., Defendants, Harry Connick, District Attorney for the Parish of Orleans, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 18, 1987.

Attorney(s) appearing for the Case

Eavelyn T. Brooks, Kendall L. Vick, Arthur J. Finn, Asst. Attys. Gen., La. Dept. of Justice, New Orleans, La., Freeman R. Matthews, Metairie, La., for defendant-appellant.

M. David Gelfand, New Orleans, La., Russell Stegeman, Gretna, La., Terry E. Allbritton, New Orleans, La., for plaintiff-appellee.

Before GARWOOD, JOLLY and HILL, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The facts in this case are like a bad dream: Donald Mairena, who had committed no crime, was arrested on an outstanding material witness warrant and, notwithstanding his pleas, thrown in jail for twenty-three days, although the case to which he was a witness had been closed months earlier when the defendant had pleaded guilty. Harry Connick, the District Attorney of Orleans Parish, Louisiana, now appeals the district court's judgment...

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