SANDERS v. MILLER

No. CV-91-N-2804.

837 F.Supp. 1106 (1992)

Jimmy Brian SANDERS, Plaintiff, v. Michael Edward MILLER, Individually and as an Agent of Jackson County, Alabama; Jackson County, Alabama; the Jackson County Commission; City of Scottsboro, a Municipal Corporation of the State of Alabama; Steve Gutherie, Individually and as an Agent of the City of Scottsboro, Alabama; Sheriff Mike Wells, Individually and as an Agent of Jackson County, Alabama; Paul Mount, Individually and Formerly in his Capacity as an Agent of Jackson County, Alabama, Defendants.

United States District Court, N.D. Alabama, S.D.

April 13, 1992.


Attorney(s) appearing for the Case

J. Allen Brinkley, Brinkley Chestnut & Aldridge; Jerrilee P. Sutherlin, John A. Wilmer, Walter Allen Kelley, Wilmer & Shepard; and Robert E. Patterson, Huntsville, AL, for plaintiff.

Daryl L. Masters, Bart G. Harmon, Mary E. Pilcher, Webb & Eley P.C., Montgomery, AL, and James W. Porter, II, Porter Porter & Hassinger, Birmingham, AL, for defendants.


MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

I. Background

This is a civil action wherein the plaintiff, Jimmy Brian Sanders, asserts two claims pursuant to the provisions of 42 U.S.C. § 1983, two claims based on state tort law, and one claim based on the state constitution. This action is presently before the court on motions to dismiss filed by defendants Jackson County and the Jackson County Commission and by defendants Mike Wells...

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