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WYATT v. COLE

No. 90-1058.

928 F.2d 718 (1991)

Howard L. WYATT, Plaintiff-Appellant-Cross-Appellee, v. Bill COLE, et al., Defendants-Appellees, and Lloyd S. Jones, Wiley Magee & Mike Moore, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 30, 1991.

Attorney(s) appearing for the Case

Jim Waide, Tupelo, Miss., Douglas M. Magee, Mendenhall, Miss., for Wyatt.

Michael F. Myers, Whitman B. Johnson, Steen, Reynolds, Dalehite & Currie, Jackson, Miss., for Jones and Magee.

Richard A. Compere, and R. Stewart Smith, Jr., Special Asst. Atty. Gens., Leslie Scott, Asst. Atty. Gen., Jackson, Miss., for the State.

Mark C. Baker, John M. Roach, Leonard McClellan, Asst. Atty. Gen., Jackson, Miss., for Robbins and Cole.

Before JOHNSON, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 30, 1991.

PER CURIAM:

Howard L. Wyatt appeals a summary judgment order denying his claim for monetary damages under 42 U.S.C. § 1983 and awarding less than his requested attorneys fees under 42 U.S.C. § 1988. We find that monetary damages are barred by the defendants' immunities and that the fee award against the state was not clearly erroneous, but remand to the district court for the calculation of a reasonable...

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