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GEGENHEIMER v. GALAN

No. 90-3109.

920 F.2d 307 (1991)

Larry GEGENHEIMER and Sheila Gegenheimer, Plaintiffs-Appellees, v. Raoul A. "Skip" GALAN, Jr., et al., Defendants, Jon Gegenheimer, Clerk of Court for the 24th Judicial District Court for the State of Louisiana, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 1991.

Attorney(s) appearing for the Case

Kenneth C. Fonte, Golden & Fonte, Metairie, La., for defendant-appellant.

Julian R. Murray, Jr., Murray, Braden, Gonzalez & Richardson, New Orleans, La., for plaintiffs-appellees.

Before RUBIN, SMITH, and BARKSDALE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In Louisiana, the Clerk of Court is elected pursuant to specific constitutional and statutory provisions. A successor clerk of court appeals the judgment of the district court holding his predecessor liable under 42 U.S.C. § 1983 for an intentional tort committed not merely in his individual but in his "official capacity." Concluding that the liability is that of the office, we affirm the judgment imposing liability upon the successor...

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