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HARDIN v. HAYES

No. 94-6304.

52 F.3d 934 (1995)

Josephine HARDIN, individually; Josephine Hardin, as Administratrix of the Estate of Edie L. Houseal, Deceased, Plaintiffs-Appellees, v. James HAYES, Sheriff of Etowah County; Robert Hitt, Chairman of Etowah County Commission; Marion T. Smith; Billy Ray McKee, Commissioner of Etowah County; Jesse F. Burns, Commissioner of Etowah County; W.A. Lutes, Commissioner of Etowah County; Lawrence Presley; Billy Ray Williams; John Morris; John Raley, Defendants, Gadsden, City of, a Municipal Corporation, Defendant-Appellant, Birmingham, City of; R.L. Webb; Julius Walker, Intervenors, United States of America, Amicus.

United States Court of Appeals, Eleventh Circuit.

May 19, 1995.

Attorney(s) appearing for the Case

Julius F. Parker, Jr., Jennifer P. LaVia, Tallahassee, FL, for appellant.

Robert M. Shipman, Huntsville, AL, Roger W. Kirby, Gadsden, AL, Demetrius C. Newton, Michael K.K. Choy, Samuel H. Heldman, Joe R. Whatley, Jr., Andrew C. Allen, Birmingham, AL, Earl D. McNeal, Huntsville, AL, for appellees.

Before KRAVITCH, ANDERSON and EDMONDSON, Circuit Judges.

PER CURIAM:

The City of Gadsden, Alabama (the "City"), appeals from a jury verdict in favor of Josephine Hardin, as personal representative for the estate of Edie L. Houseal, a jail inmate who died while incarcerated by the City. In the second trial in this case, the jury found in favor of Houseal's estate on both the 42 U.S.C. § 1983 claim (alleging deliberate indifference to Houseal's need for mental health treatment) and the pendent wrongful death claim (alleging...

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