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WYATT v. COLE

No. 90-1058.

994 F.2d 1113 (1993)

Howard L. WYATT, Plaintiff-Appellant, v. Bill COLE, John Robbins, II, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 25, 1993.

Attorney(s) appearing for the Case

Jim Waide, Tupelo, MS and Douglas M. Magee, Mendenhall, MS, for appellant.

Michael F. Myers and Whitman B. Johnson, Steen, Reynolds, Dalehite & Currie, Jackson, MS, for Jones and Magee.

Dalton McBee, Jr., Sp. Asst. Atty. Gen., and R. Lloyd Arnold, Asst. Atty. Gen., Jackson, MS, for the State on rehearing only.

R. Stewart Smith, Jr., Richard A. Compere, Sp. Asst. Attys. Gen., and Leslie Scott, Asst. Atty. Gen., Jackson, MS, for the State.

Mark C. Baker, John M. Roach, Leonard McClellan, Asst. Atty. Gen., Joseph L. McNamara and Jane Sanders Lewis, McNamara, Kelly & Welsh, Jackson, MS, for Robbins.

Before JOHNSON, WILLIAMS, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This § 1983 suit returns to this panel on remand from the Supreme Court. In our first opinion, we affirmed the district court's grant of qualified immunity to defendants Cole and Robbins. Wyatt v. Cole, 928 F.2d 718 (5th Cir.1991). The Supreme Court reversed, holding that "qualified immunity, as enunciated in [Harlow v. Fitzgerald,<...

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