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SPIVEY v. ELLIOTT

No. 93-8269.

41 F.3d 1497 (1995)

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.

January 11, 1995.

Attorney(s) appearing for the Case

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

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

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

ON SUA SPONTE RECONSIDERATION

RONEY, Senior Circuit Judge:

In this 42 U.S.C.A. § 1983 action against two officials of the state-operated residential school for the hearing impaired where an eight-year-old plaintiff was sexually assaulted by a thirteen-year-old fellow classmate, we affirmed a summary judgment in favor of the defendants on the ground of qualified immunity. Spivey v. Elliott, 29 F.3d 1522 (11th...

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