HALE v. TALLAPOOSA COUNTY

No. 93-6788.

50 F.3d 1579 (1995)

Larry Wayne HALE, Plaintiff-Appellant, v. TALLAPOOSA COUNTY, a political subdivision of the State of Alabama, Joe Smith, individually and as Sheriff of Tallapoosa County, Joe Flurry, Defendants-Third-Party Plaintiffs-Appellees, Alabama Department of Corrections, Morris L. Thigpen, individually, and in his Official Capacity of Commissioner of the Alabama Department of Corrections, Tommy Herring, Commissioner, State of Alabama, Department of Corrections, Third-Party Defendants.

United States Court of Appeals, Eleventh Circuit.

May 2, 1995.


Attorney(s) appearing for the Case

John I. Cottle, III, Bowles & Cottle, Tallassee, AL, for appellant.

E. Paul Jones, Alexander City, AL, Andrew W. Redd, Dept. of Corrections, Ellen R. Leonard, Montgomery, AL, for appellees.

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


BARKETT, Circuit Judge:

Larry Wayne Hale appeals from summary judgments in favor of Tallapoosa County Sheriff Joe Smith, jailer Joe Flurry and Tallapoosa County (the "defendants"). Hale's 42 U.S.C. § 1983 suit, based on a violation of the Eighth and Fourteenth Amendments to the United States Constitution, alleged that he was beaten while detained at the Tallapoosa County Jail as a result of defendants' deliberate indifference to an excessive risk of violence...

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