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MARSH v. BUTLER COUNTY, ALA.

No. 99-12813.

212 F.3d 1318 (2000)

Joe MARSH, Leroy Owens, Plaintiffs-Appellants, v. BUTLER COUNTY, ALABAMA, The Butler County Commission, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 30, 2000.

Attorney(s) appearing for the Case

Robert E. Toone, Jr., Tamara H. Serwer, Southern Center for Human Rights, Atlanta, GA, for Plaintiffs-Appellants.

Kendrick Emerson Webb, Bart Gregory Harmon, Webb & Eley, P.C., Montgomery, AL, for Defendants-Appellees.

Before BIRCH and BARKETT, Circuit Judges, and ALARCON, Senior Circuit Judge.

BARKETT, Circuit Judge:

Joe Marsh and Leroy Owens, former inmates at Butler County Jail in Greenville, Alabama, appeal the district court's dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of their complaint against Butler County, the Butler County Commission, and Sheriff Diane Harris in both her individual and official capacities. Marsh and Owens sued under 42 U.S.C. § 1983, claiming that their rights under the Eighth and Fourteenth Amendments...

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