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BARTS v. JOYNER

Nos. 87-3773, 87-3868.

865 F.2d 1187 (1989)

Scarlett McDaniel BARTS, Plaintiff-Appellee, v. Mike JOYNER and Nelson Blount, individually and in their official capacities as Deputy Sheriffs of Jefferson County, Florida, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied March 1, 1989.

Attorney(s) appearing for the Case

Julius F. Parker, Parker, Skelding, McVoy & Labasky, Tallahassee, Fla., for defendants-appellants.

Edward S. Stafman, Tallahassee, Fla., for plaintiff-appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and HOFFMAN, Senior District Judge.

Rehearing and Rehearing In Banc Denied March 1, 1989.

EDMONDSON, Circuit Judge:

Because the record demonstrates no violation of a clearly established constitutional right, we reverse, in part, the judgment of the district court in this action based on 42 U.S.C. sec. 1983; and because the damages were not correctly limited, we vacate the remainder of the judgment and remand for a new trial on damages.

Background

Plaintiff Scarlett Barts...

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