FLINT ELEC. MEMBERSHIP CORP. v. WHITWORTH

Nos. 94-9199, 94-9227.

68 F.3d 1309 (1995)

FLINT ELECTRIC MEMBERSHIP CORPORATION, Plaintiff-Appellee, v. Bobby WHITWORTH, Individually and in his official capacity as Department of Corrections Commissioner, Clyde Stovall, Individually and in his official capacity as Assistant Commissioner of Department of Corrections, Defendants-Appellants, Georgia Power Company, Defendant. PATAULA ELECTRIC MEMBERSHIP CORPORATION, Plaintiff-Appellee, v. Bobby WHITWORTH, Individually and in his official capacity as Department of Corrections Commissioner, Clyde Stovall, Individually and in his official capacity as Assistant Commissioner of Department of Corrections, David C. Evans, Individually, Defendants-Appellants, Georgia Power Company, Defendant.

United States Court of Appeals, Eleventh Circuit.

November 15, 1995.


Attorney(s) appearing for the Case

Michael J. Bowers, State Attorney General, Atlanta, GA, Daryl Alan Robinson, Asst. Atty. Gen., Neal Bradley Childers, William F. Amideo, Atlanta, GA, for Appellants.

James Allen Orr, Dulaney L. O'Roark, III, Sutherland, Asbill & Brennan, Atlanta, GA, Kathy Renee Bess, FSIC, Legal Division, Atlanta, GA, Robert P. Edwards, Jr., Kevin Charles Greene, Charles Frederick Palmer, Susan P. Wilkerson, Troutman Sanders Lockerman & Ashmore, Atlanta, GA, for Appellee in No. 94-9199.

Robert P. Edwards, Jr., Kevin Charles Greene, Charles Frederick Palmer, Susan P. Wilkerson, Eric A. Szweda, Troutman Sanders Lockerman & Ashmore, Atlanta, GA, for Ga. Power.

James Allen Orr, Dulaney L. O'Roark, III, Sutherland, Asbill & Brennan, Atlanta, GA, James Elwood Friese, Office of James Elwood Friese, Cuthbert, GA, Kathy Renee Bess, FDIC, Legal Division, Atlanta, GA, for Appellee in No. 94-9227.

Before BARKETT, Circuit Judge, and HENDERSON and CLARK, Senior Circuit Judges.


PER CURIAM:

Bobby Whitworth, Clyde Stovall and David C. Evans, officials of the Georgia Department of Corrections (the "DOC"),1 appeal from orders entered in the United States District Court for the Northern District of Georgia denying their motions for summary judgment asserting qualified immunity from 42 U.S.C. § 1983 damages. For the reasons stated below, we reverse the denial of qualified immunity and remand the case to the district...

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