No. 90-8519.

936 F.2d 1256 (1991)

Elby WILLIAMS, Plaintiff-Appellee, Cross-Appellant, v. CITY OF ALBANY, a Municipal Corp., Nicholas M. Miezer, Defendants, Cross-Appellees, Norman Denney, John Lodge, Jim Thurman, Defendants-Appellants, Cross-Appellees, Joel Downs, Defendant.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied August 28, 1991.

Attorney(s) appearing for the Case

Thomas S. Chambless, Albany, Ga., for defendants-appellants, cross-appellees.

Thomas E. Pujadas, Walters, Davis, Smith, Meeks & Pittman, P.C., Ocilla, Ga., for plaintiff-appellee, cross-appellant.

Jerry W. Brimberry, Brimberry, Kaplan, Campbell & Donaldson, Albany, Ga., for Downs.

Before KRAVITCH and COX, Circuit Judges, and RONEY, Senior Circuit Judge.


A grand jury indicted plaintiff Elby Williams, a city police officer, for one count of sodomy. Because of the expiration of the statute of limitations, a nolle prosequi was entered at the request of the district attorney. During the interim between the indictment and the dismissal, Williams' employment was terminated.

Subsequently, Williams filed this suit against the City of Albany, the city manager, the police chief, and two city police...

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