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ELDER v. ATHENS-CLARKE CTY., GA. THROUGH O'LOONEY

No. 94-8033.

54 F.3d 694 (1995)

Michael ELDER, Plaintiff-Appellee, v. ATHENS-CLARKE COUNTY, GEORGIA, Through Gwen O'LOONEY in her official capacity as CEO of Athens-Clarke County; Jerry Massey, individually and in his official capacity as Sheriff of Athens-Clarke County; Linda Lyons, individually and in her official capacity as Chief Deputy Sheriff of Athens-Clarke County; Sergeant Horace Witcher, individually and in his official capacity as Deputy Sheriff of Athens-Clarke County; Deputy Bryan Thompson, individually and in his official capacity as Deputy Sheriff of Athens-Clarke County; Deputy Elizabeth Benford, individually and in her official capacity as Deputy Sheriff of Athens-Clarke County; Deputy Shannon Westbrook, individually and in his official capacity as Deputy Sheriff of Athens-Clarke County; Captain James Brown, individually and in his official capacity as Deputy Sheriff of Athens-Clarke County; John Doe, individually and in official capacity as Deputy Sheriff of Athens-Clarke County; Jane Doe, individually and in official capacity as Deputy Sheriff of Athens-Clarke County; Defendants, Gerald W. Brown, individually and in his official capacity as Chief Assistant District Attorney for Athens-Clarke County, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 9, 1995.

Attorney(s) appearing for the Case

John C. Jones, Daryl A. Robinson, State Law Dept., Atlanta, GA, for appellant.

Scott McLarty, Athens, GA, for appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and GOODWIN, Senior Circuit Judge.

GOODWIN, Senior Circuit Judge:

Elder suffered a severe beating at the hands of his jailers and sued for damages under 42 U.S.C. § 1983, naming Gerald W. Brown, a Georgia prosecutor, among other law-enforcement defendants. Elder alleged that Brown conspired to maliciously prosecute Elder for obstruction of justice in an effort to cover up Elder's beating. Brown moved to dismiss on the basis of prosecutorial immunity. The...

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