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NEWTON v. BLACK

No. 96-60415.

133 F.3d 301 (1998)

Jimmy NEWTON, Plaintiff-Appellee-Cross-Appellant, v. Lee Roy BLACK, et al., Defendants, James Brewer, Defendant-Appellant-Cross-Appellee, Tommy Ross, Defendant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 13, 1998.

Attorney(s) appearing for the Case

John Lewis Clay, Special Assistant Attorney General, Jackson, MS, Leonard Charlton Vincent, Mississippi Department of Corrections, Parchman, MS, for Brewer.

J. Andrew Phelps, Hattiesburg, MS, Marc L. Boutwell, Lexington, MS, for Newton.

Before JOLLY, DAVIS and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

With regard to this action for 42 U.S.C. § 1983 and state law claims, in which Jimmy Newton, a state prisoner, alleged that he was beaten by another inmate as a result of, inter alia, the negligence of Lieutenant James Brewer, a prison official, the primary issue at hand is whether, under Mississippi law, Lieutenant Brewer had a ministerial duty to report a threat against Newton and is, therefore, not entitled to...

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