LOVINS v. LEE

No. 94-8580.

53 F.3d 1208 (1995)

Terrie Lynn LOVINS, Plaintiff-Appellant, v. Earl D. LEE, Individually and in his official capacity as the former Sheriff of Douglas County, Ronald H. Shadix, Individually and in his official capacity as the former Chief Deputy Sheriff of Douglas County, Douglas County, J.R. Allen, Individually and in his official capacity as Deputy Sheriff of Douglas County, Michelle Huey, Individually and in her official capacity as Deputy Sheriff of Douglas County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 6, 1995.


Attorney(s) appearing for the Case

Roy E. Barnes, Barnes Browning Tanksley & Casurella, Marietta, GA, for appellant.

Michael A. O'Quinn, Margaret E. Sanders, Barnhart O'Quinn & Williams, Atlanta, GA, for appellees.

Before CARNES and BARKETT, Circuit Judges, and GIBSON, Senior Circuit Judge.


CARNES, Circuit Judge:

In this tragic case a young woman was kidnapped and brutally raped by a violent criminal who had been temporarily released from custody while serving a jail sentence. The issue presented is whether the victim has a substantive due process right to recover from those responsible for the criminal's release, which is alleged to have been contrary to state law. Binding precedent requires us to hold that...

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