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HENLEY v. EDLEMON

No. 01-60423.

297 F.3d 427 (2002)

Gerald HENLEY; Tonya Henley; Donald Duncan, Plaintiffs-Appellants, v. Mike EDLEMON, in his individual capacity; Itawamba County, Mississippi, being the same entity as the Sheriff of Itawamba County, Mississippi, in his official capacity; Western Surety Co., Defendants-Appellees, State of Mississippi, Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 24, 2002.

Attorney(s) appearing for the Case

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

Timothy Dale Crawley, Kenneth Stephen Womack (argued), Carr, Allison, Crawley & Bagwell, Ridgeland, MS, for Itawamba County, Mississippi.

Les Alvis, III, Riley, Ford, Caldwell & Cork, Tupelo, MS, for Western Surety Co.

Tom Hunt Cole, Jr., Jackson, MS, for Moore and State of Mississippi.

Before KING, Chief Judge, and HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Plaintiffs-Appellants Gerald Henley and Tonya Henley (collectively, the "Henleys") filed this 42 U.S.C. § 1983 suit in federal district court alleging that the Defendants-Appellees Deputy Sheriff Mike Edlemon, Itawamba County, Mississippi ("the County"),1 and Western Surety Co. ("Western Surety"), the surety for the County, violated their constitutional rights.2 The parties...

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