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CARVER v. KNOX COUNTY, TENN.

Nos. 89-5341, 89-5369.

887 F.2d 1287 (1989)

Wayne Dillard CARVER, Plaintiff-Appellee, v. KNOX COUNTY, TENNESSEE, Joe Fowler, Sheriff, Defendants/Cross-Plaintiffs, Appellees, v. Ned Ray McWHERTER, et al., Defendants/Cross-Defendants/Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1989.

Order on Denial of Rehearing November 21, 1989.

Rehearing and Rehearing Denied December 29, 1989.

Attorney(s) appearing for the Case

John E. Eldridge, Dean Rivkin, Knoxville, Tenn., for plaintiff-appellee.

John C. Duffy, Asst. City Atty., Dale C. Workman, Law Director, Richard T. Beeler, Robert H. Watson, Jr., Watson, Reeves & Beeler, Knoxville, Tenn., for defendants-appellees, Knox County, Tenn., and Joe Fowler.

Kimbra R. Spann, and David M. Himmelreich, Asst. Atty. Gen., Charles W. Burson, Atty. Gen., Office of the Attorney General of Tennessee, Nashville, Tenn., for Ned McWherter, W. Jeff Reynolds, and Deborah Miller.

Before MERRITT, Chief Judge, NELSON, Circuit Judge; and LIVELY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied December 29, 1989.

LIVELY, Senior Circuit Judge.

This is an action challenging conditions of confinement in the penal facilities of Knox County, Tennessee. The original defendants, the county and its sheriff, filed a third party complaint against state officials responsible for administering the Tennessee penal system. The county defendants contended that the state's policies and practices have caused unconstitutional...

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