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BAILEY v. BOARD OF COUNTY COM'RS OF ALACHUA COUNTY

No. 91-3275.

956 F.2d 1112 (1992)

Gregg Fitzgerald BAILEY and Lizzie Shirley Bailey, Plaintiffs-Appellants-Cross-Appellees, v. BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA, Eugene T. Whitworth, State Attorney of the Eighth Judicial Circuit of Florida, in his individual and official capacities, L.J. "Lu" Hindery, Sheriff of Alachua County, Florida, in his individual and official capacities, City of Gainsville, Florida, John Stanton Tileston, Sr., James Strauss, Farnell Cole, Gary Brown, Charles Jerkins, Tom L. Allison, Spencer Mann, Stephen Garrahan, Defendants-Appellees, Nathaniel Caldwell, Colleen Hayes, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 31, 1992.

Attorney(s) appearing for the Case

Peter J. Hurtgen, Morgan, Lewis & Bockius, Miami, Fla., for Caldwell.

Thomas A. Bustin, Alachua Co. Atty's Office, Gainesville, Fla., for Hayes.

Robert C. Widman; Nelson, Hesse & Cyril, Sarasota, Fla., Joseph W. Little, Gainesville, Fla., for Bailey.

Ronald A. Labasky; Parker, Skelding, Labasky & Corry, Jennifer Parker Lavia, Tallahassee, Fla., for Cole.

Louis F. Hubener, III, Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for Tileston.

H. Jack Klingensmith; Jorden, Schulte & Burchette, Miami, Fla., for City of Gainesville.

Thomas H. Duffy, Tallahassee, Fla., for Allison.

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

ESCHBACH, Senior Circuit Judge:

Near the end of his graveyard work shift on May 14, 1987, Gregg Fitzgerald Bailey was arrested as the result of an undercover investigation at the Alachua County Detention Center (ACDC). Bailey had been a corrections officer (a prison guard) at ACDC since 1985. Based on his arrest and subsequent events, which included Bailey's suspension without pay from ACDC, Bailey and his wife (Lizzie Shirley Bailey) began this § 1983 action...

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