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KELLY v. FOTI

No. 94-30685 Summary Calendar.

77 F.3d 819 (1996)

Jack G. KELLY, Plaintiff-Appellee, v. Charles C. FOTI, Jr., Defendant-Appellant, City of New Orleans, John Doe, and Jane Roe, Defendants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied April 29, 1996.

Attorney(s) appearing for the Case

T. Allen Usry, Craig E. Frosch, Usry & Weeks, Metairie, LA, for Appellant.

Michael R. Allweiss, Ellen Widen Kessler, Judith A. Kaufman, Lowe, Stein, Hoffman, Allweiss & Hauver, New Orleans, LA, Gerald J. Martinez, Metairie, LA, for Appellee.

Before KING, SMITH and BENAVIDES, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 29, 1996.

JERRY E. SMITH, Circuit Judge:

Sheriff Charles Foti, Jr. appeals the denial of summary judgment in this civil rights action brought by plaintiff Jack Kelly under 42 U.S.C. § 1983. We affirm as to Kelly's fourth amendment strip search claim and dismiss the appeal as to her other claims.

I.

A New Orleans police officer stopped Kelly, a tourist in town for a convention...

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