SPIVEY v. ELLIOTT

No. 93-8269.

29 F.3d 1522 (1994)

Tremain SPIVEY, Plaintiff, Shirley Spivey, as next friend for Tremain Spivey, Plaintiff-Appellant, v. Michael ELLIOTT, Lynn Crothers, Wilma Davis, Carolyn Mitchell, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 26, 1994.


Attorney(s) appearing for the Case

Robert K. Finnell, Rome, GA, and Stephen M. Katz, Rowe, Foltz & Martin, Pamela Master, Atlanta, GA, for appellant.

Dennis R. Dunn, State Law Dept., Atlanta, GA, Ronald R. Womack, Sp. Asst. Atty. Gen., LaFayette, GA, and Arnold Wright, Jr., Atlanta, GA, for Elliott.

Before HATCHETT and COX, Circuit Judges, and RONEY, Senior Circuit Judge.


RONEY, Senior Circuit Judge:

After Tremain Spivey was sexually assaulted by a fellow classmate at the residential school which he attended, this case was filed against two officials of the school. Spivey appeals the district court's order granting summary judgment in favor of the school officials. The district court held that defendants had qualified immunity because the plaintiff failed to state a violation of a constitutional right under 42 U.S.C.A. § 1983...

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