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FLOWERS v. PHELPS

No. 90-3334.

964 F.2d 400 (1992)

Alfred FLOWERS, Plaintiff-Appellee, Cross-Appellant, v. C. Paul PHELPS, et al., Defendants, v. Norman JOHNSON, David Blaylock and Robert McBride, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

June 16, 1992.

Attorney(s) appearing for the Case

Joseph E. Kopsa, Asst. Atty. Gen., Kimberly Slay Morgan, William J. Guste, Jr., Atty. Gen., LA Dept. of Justice, Div. of Risk Litigation, Baton Rouge, La., for appellants.

Alfred Flowers, Pro se.

Before THORNBERRY, KING and DEMOSS, Circuit Judges.

PER CURIAM:

We vacate part IID of our opinion in Flowers v. Phelps, 956 F.2d 488 (5th Cir. 1992), and substitute the following therefor:

The defendants argue that the Eleventh Amendment barred the district court from adjudicating Flowers' state law claim or awarding money damages. The defendants point out that Louisiana provides indemnity to state officials from damages and costs arising out of suits for negligence...

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