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MOORE v. MORGAN

No. 89-7444.

922 F.2d 1553 (1991)

Donald Eugene MOORE, Plaintiff-Appellant, v. James C. MORGAN and County Commissioners; John Crowder; A.C. Farrington; Doss Leak; Mack Sanders; J.H. Richardson, Defendants-Appellees. Donald Eugene MOORE, Plaintiff-Appellant, v. James C. MORGAN; County Commissioners Emerson Thompson; Morris Garrett; Mary Sue Smith; Mack Sanders; Doss Leak, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 7, 1991.

Attorney(s) appearing for the Case

Dennis N. Balske, Montgomery, Ala., for plaintiff-appellant.

Sydney S. Smith, Smith & Smith, P.C., Phenix City, Ala., Ann Tucker, LaFayette, Ala., for defendants-appellees.

Before HATCHETT and ANDERSON, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this civil rights case against a sheriff and the county commissioners of an Alabama county, we reverse the district court because the magistrate judge improperly injected into the case the defense of qualified immunity.

FACTS AND PROCEDURAL HISTORY

On January 20, 1987, Donald Moore, an Alabama prisoner acting without the assistance of counsel, filed two complaints pursuant to 42 U.S.C. § 1983, in which he named as...

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