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PHILLIPS EX REL. PHILLIPS v. MONROE COUNTY, MISS.

No. 01-60425.

311 F.3d 369 (2002)

Sandra Fay PHILLIPS, on Behalf of the Wrongful Death Beneficiaries of Jonathan PHILLIPS, Plaintiff-Appellant, v. MONROE COUNTY, MISSISSIPPI; Charles Farmer, Dr., individually; John Bearry, individually, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Order Denying Rehearing December 9, 2002.

Attorney(s) appearing for the Case

Jim D. Waide, III (argued), Kristy Lynn Bennett, Waide & Associates, Tupelo, MS, for Plaintiff-Appellant.

John Samuel Hill, Lamar Bradley Dillard (argued), Mitchell, McNutt & Sams, Tupelo, MS, for Monroe County, MS.

John Lewis Clay (argued), Jackson, MS, Leonard Charlton Vincent, Mississippi Dept. of Corrections, Parchman, MS, for Farmer and Bearry.

Before WIENER, EMILIO M. GARZA, and PARKER, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Sandra Fay Phillips, the plaintiff, appeals the district court's judgment as a matter of law in favor of Monroe County, Mississippi, Dr. Charles Farmer, and Dr. John Bearry (collectively "the defendants"), in this wrongful death suit brought under 42 U.S.C. § 1983. Phillips's son, Jonathan Phillips (the Decedent), died from testicular cancer while serving a sentence for aggravated assault in the Mississippi prison system. Phillips...

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