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HARE v. CITY OF CORINTH, MS

No. 93-7192.

74 F.3d 633 (1996)

Richard HARE, Natural Father and Next Friend of Haley Hare, a minor, et al., Plaintiff-Appellee, v. CITY OF CORINTH, MS, A municipal corporation, et al., Defendants, Fred Johnson, etc., Billy Burns, etc., James Damons, etc., Brenda Moore, etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 29, 1996.

Attorney(s) appearing for the Case

Gary Friedman, Susan Desmond, Luther T. Munford, Angela M. McLain, Phelps Dunbar, Jackson, MS.

John Needle, Assoc. Gen. Counsel, TX. Assoc. of Counties, Robert Lemens, Austin, TX, for Texas Assoc. Counties.

Ronald Dale Michael, Timothy Angle, Langston, Langston, Michael & Bowen, Booneville, MS, for appellee.

John F. Wilkes, III, James Brady, Borne, Wilkes, Gibson, Lafayette, LA, amicus — Louisiana Municipal Assoc., on behalf of Appellants.

Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

GARWOOD and PATRICK E. HIGGINBOTHAM, Circuit Judges:

Today we again visit the measures of liability under the U.S. Constitution for failing to prevent a suicide by a pretrial detainee. Tina Hare committed suicide while detained in the city jail in Corinth, Mississippi. Her husband, Richard Hare, sued municipal and individual defendants under 42 U.S.C. § 1983. The district court denied summary judgment. This appeal by individual defendants

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