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CLARK v. EVANS

Nos. 86-8685, 86-8878.

840 F.2d 876 (1988)

Mary B. CLARK, individually and as survivor-at-law of Ray sharp, a/k/a Willie Clark and Shirley Clark, Administratrix of the Estate of Ray Sharp, Plaintiffs-Appellees, v. David C. EVANS, et al., Defendants, Lanson Newsome and Robert Coleman, Defendants-Appellants. Mary B. CLARK, et al., Plaintiffs-Appellants, v. David C. EVANS, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 25, 1988.

Attorney(s) appearing for the Case

William F. Amideo, Staff Asst. Atty. Gen. Atlanta, Ga., for defendants-appellants.

Kenneth L. Shigley, Van Gerpen & Rice, Atlanta, Ga., John P. Batson, Augusta, Ga., plaintiffs-appellees.

John P. Batson, Augusta, Ga., Martha A. Miller, Atlanta, Ga., for plaintiffs-appellants.

Kenneth L. Shigley, Atlanta, Ga., for defendant-appellee Cowart.

Before RONEY, Chief Judge, ANDERSON and EDMONDSON, Circuit Judges.

ANDERSON, Circuit Judge:

This civil rights action arose when plaintiffs' decedent, Ray Sharp, was shot and killed while attempting to escape from Georgia State Prison at Reidsville. Plaintiffs Mary Clark and Shirley Clark (hereinafter "Clark") sued several defendants, as follows: Evans, the Commissioner of the Department of Corrections; Newsome, the Warden of the Georgia State Prison; Coleman, the guard in the tower who fatally shot Sharp; and Cowart, Oliver, Berry...

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