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McMILLIAN v. JOHNSON

No. 95-6123.

88 F.3d 1554 (1996)

Walter McMILLIAN, Plaintiff-Appellee, v. W.E. JOHNSON, Tommy Herring, Tom Allen, in their individual capacities, et al., Defendants, Thomas Tate, Simon Benson, Larry Ikner, in their individual capacities, Defendants-Appellants, Association of County Commissions of Alabama Liability Self Insurance Fund, Intervenor-Defendant.

United States Court of Appeals, Eleventh Circuit.

July 9, 1996.

Attorney(s) appearing for the Case

Bart Harmon, Daryl L. Masters, Kristi A. Dowdy, Kendrick E. Webb, Webb & Eley, P.C., Montgomery, AL, Jack Booker Weaver, Windell Clifton Owens, Owens, Weaver & Assoc., Monroeville, AL, William G. McKnight, Montgomery, AL, for Appellants.

Robert B. McDuff, Jackson, MS, Bryan A. Stevenson, Bernard E. Harcourt, Alabama Capital Representation Center, Montgomery, AL, for Appellee.

Before COX and BARKETT, Circuit Judges, and PROPST, District Judge.

COX, Circuit Judge:

Walter McMillian was convicted of the murder of Ronda Morrison and sentenced to death. He spent nearly six years on Alabama's death row, including over a year before his trial. The Alabama Court of Criminal Appeals ultimately overturned McMillian's conviction because of the state's failure to disclose exculpatory and impeachment evidence to the defense. After the state dismissed the charges against McMillian, he brought this § 1983 action...

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