HAMILTON BY AND THROUGH HAMILTON v. CANNON

Nos. 94-9098, 94-9158.

80 F.3d 1525 (1996)

Mathew HAMILTON, By and Through Lovelurn HAMILTON, his next friend, Lovelurn Hamilton, Administratrix of the Estate of Kim Orlena Hamilton, Una Hamilton, Plaintiffs-Appellees, v. Charles CANNON, in his official capacity as Sheriff of Macon County, Georgia, Ronald Duncan, Macon Co., GA, a political subdivision of the State of Georgia, Michael Tookes, Defendants-Appellants, The Macon County Sheriff's Department, The Macon County/City of Montezuma, Georgia, Department of Parks and Recreation, The City of Montezuma, Georgia, Police Department, Freddy Mallard, Logan Walton, XYZ Pool Management Company, Defendants, The City of Montezuma, Lonnie Brown, Defendants-Appellees. Mathew HAMILTON, By and Through Lovelurn HAMILTON, his next friend, Lovelurn Hamilton, Administratrix of the Estate of Kim Orlena Hamilton, Una Hamilton, Plaintiffs-Appellants, v. Charles CANNON, in his official capacity as Sheriff of Macon County, Georgia, Ronald Duncan, Macon Co., GA, a political subdivision of the State of Georgia, City of Montezuma, and Lonnie Brown, Defendants-Appellees, The Macon County Sheriff's Department, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

April 19, 1996.


Attorney(s) appearing for the Case

George M. Peagler, Jr., Ellis & Easterlin, P.C., Americus, GA, for appellants in No. 94-9098.

Shawn Marie Story, Jones, Cork & Miller, Macon, GA, for City of Montezuma & Lonnie Brown, Defendants-not Appellees in No. 94-9098.

L. David Wolfe, Wolfe & Steele, P.A., Atlanta, GA, Stephen C. Andrews, Bodker, Ramsey & Anderes, A Professional Corporation, Atlanta, GA, for the Hamiltons in No. 94-9098.

Larry David Wolfe, Stephen C. Andrews, David J. Maslia, Atlanta, GA, for appellants in No. 94-9158.

George M. Peagler, Jr., Americus, GA, for Charles Cannon, Ronald Duncan & Macon Co. in No. 94-9158.

Thomas C. Alexander, Macon, GA, for City of Montezuma, Lonnie Brown, Michael Tookes in No. 94-9158.

John T. Croley, Jr., Fitzgerald, GA, for Michael Tookes in No. 94-9158.

William T. Prescott, Jones, Cork & Miller, Macon, GA, for City of Montezuma and Lonnie Brown in No. 94-9158.

Before TJOFLAT, Chief Judge, CARNES, Circuit Judge, and FAY, Senior Circuit Judge.


CARNES, Circuit Judge:

These appeals arise from the tragic death of Kim Orlena Hamilton at a Montezuma, Georgia municipal swimming pool. The three plaintiffs — Hamilton's mother, Hamilton's minor child, and the Administratrix of Hamilton's estate — brought this action in federal district court alleging constitutional claims under 42 U.S.C. § 1983 and state law negligence claims.1 The complaint named as defendants Macon...

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