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WHITE BY SWAFFORD v. GERBITZ

Nos. 87-5263, 87-5387.

860 F.2d 661 (1988)

Walter Clyde WHITE By next friend Jean SWAFFORD, Plaintiff-Appellee, v. Gary GERBITZ, District Attorney for the 11th Judicial District of Tennessee, and his assistants, Larry Campbell, Stan Lanzo and Paul W. Herrell, Defendants-Appellants, and The City of Chattanooga, a municipal corporation, individually, and by virtue of the acts of its agents or officers Steve Angel, George A. Dotson, Connie C. King, and Russell Bean, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. of Tennessee, Nashville, Tenn., Jane W. Young, David M. Himmelreich (argued), for defendants-appellants.

John R. Meldorf, III (argued), Hixson, Tenn., for plaintiff-appellee.

Before JONES and GUY, Circuit Judges, and RUBIN, District Judge.

RALPH B. GUY, Jr., Circuit Judge.

Plaintiff filed a 42 U.S.C. § 1983 cause of action along with pendent state claims in federal court against numerous defendants arising out of his arrest and incarceration for 288 days as a "material witness" to a murder. Subsequently, the plaintiff filed a substantially similar claim with the Tennessee Claims Commission. In the federal case, all defendants claimed immunity and filed...

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