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BERRY v. PETERSON

No. 88-4350.

887 F.2d 635 (1989)

Jack BERRY, the State of Mississippi for the Use and Benefit of Jack Berry, Plaintiff-Appellee, v. Ronnie PETERSON, Individually and as Sheriff of Hancock County, MS, Hancock County, MS, Burt Correge, Alton A. "Dolph" Kellar, Robert Dale Ladner, Sam J. Perniciaro, Sr., James N. Travirca, each individually, and in their official capacity as members of the Hancock County, Board of Supervisors, along with each member's predecessors and successors in office, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 27, 1989.

Attorney(s) appearing for the Case

Norman L. Breland, William Weatherly, Gulfport, Miss., for defendants-appellants.

Oscar B. Ladner, Gulfport, Miss., plaintiff-appellee.

John R. Martzell, James P. Nader, New Orleans, La., for Jack Barry.

Before GEE, GARZA, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This appeal arises from an action brought under 42 U.S.C. § 1983 by a former inmate at the Hancock County Jail in Mississippi. He was severely injured during a fire in the jail, and he sued for damages stemming from the fire. In a jury trial, the plaintiff was awarded $200,000. Because we find that Jack Berry voluntarily waived his right to sue under § 1983, we reverse.

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