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JONES v. PREUIT & MAULDIN

No. 86-7415.

851 F.2d 1321 (1988)

Samuel JONES, Jr., Plaintiff-Appellant, v. PREUIT & MAULDIN, a partnership composed of E.F. Mauldin, individually, and E.F. Mauldin as Executor or Administrator of the Estate of Leonard Preuit, Deceased; E.F. Mauldin, as Executor or Administrator of the Estate of Leonard Preuit, deceased; and Preuit Mauldin, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 10, 1988.

Attorney(s) appearing for the Case

Burr & Forman, C.V. Stelzenmuller, F.A. Flowers, III, Birmingham, Ala., for plaintiff-appellant.

Potts, Young, Blasingame & Putnam, Robert W. Beasley, Florence, Ala., Don Siegelman, Atty. Gen. of Ala., Ronald C. Forehand, Asst. Atty. Gen., Montgomery, Ala., Robert M. Weinberg, Bradley, Arant, Rose & White, David G. Hymer, Donald M. James, Birmingham, Ala., for defendants-appellees.

Before RONEY, Chief Judge, and TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges.

HILL, Circuit Judge:

This case involves the question of whether qualified immunity may be asserted by private individuals who are defendants in an action under 42 U.S.C. § 1983, and, if so, whether the defendants in this case are entitled to qualified immunity. A panel of this court issued an original opinion, 808 F.2d 1435 (1987), and a later opinion on rehearing, 822 F.2d 998 (1987). The two...

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