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PRUETT v. CHOCTAW COUNTY, ALA.

Nos. 93-6083, 93-6093.

9 F.3d 96 (1993)

John C. PRUETT, Plaintiff-Appellee, v. CHOCTAW COUNTY, ALA.; Choctaw County Commission, Defendants, Dandy W. Brown, individually and in his official capacity as County Commissioner of Choctaw County, Alabama; Otis Crowell, individually and in his official capacity as County Commissioner of Choctaw County, Alabama; Joe Gibson, individually and in his official capacity as County Commissioner of Choctaw County, Alabama; Defendants-Appellants. John C. PRUETT, Plaintiff-Appellee, v. CHOCTAW COUNTY, ALABAMA; Choctaw County Commission; Dandy W. Brown, individually and in his official capacity as County Commissioner of Choctaw County, Alabama; Otis Crowell, individually and in his official capacity as County Commissioner of Choctaw County, Alabama; Joe Gibson, individually and in his official capacity as County Commissioner of Choctaw County, Alabama, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 13, 1993.

Attorney(s) appearing for the Case

Joseph C. McCorquodale, III, Jacqualyn M. Sheffield, Jackson, AL, for defendants-appellants in No. 93-6083.

Webb & Eley, Kendrick E. Webb, Mary E. Pilcher, Bart Harmon, Montgomery, AL, for defendants-appellants in No. 93-6093.

Simon, Wood & Crane, James C. Wood, J. Randall Crane, Mobile, AL, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

In this case, a former employee of Choctaw County, Alabama, seeks money damages under 42 U.S.C. § 1983 (1988), from the County, the County Commission, and three County Commissioners, individually and in their official capacity. On December 1, 1992, the district court denied the Commissioners' motion for summary judgment which sought dismissal of the employee's claims on the grounds of legislative and qualified immunity. On December 23, 1992, the Commissioners...

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