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FELTON v. POLLES

No. 01-60104.

315 F.3d 470 (2002)

Ceasar FELTON, Etc.; et al., Plaintiffs, Lyndell Carter, On behalf of himself and as representative of a class of all others similarly situated, Plaintiff-Appellee, v. Sam POLLES, Etc.; et al., Defendants, Randall Miller, Colonel; Terry Thomas, Lieutenant, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 17, 2002.

Attorney(s) appearing for the Case

Marc L. Boutwell (argued), The Law Offices of Boutwell & Gowan, Lexington, MS, for Carter.

Rickey T. Moore (argued), Jackson, MS, for Defendants-Appellants.

Before JOLLY, JONES and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For the alleged racially discriminatory conduct in state employment extending through 15 years, the numerous issues in this interlocutory appeal from a qualified immunity denial underscore the importance of exacting application of each of the two parts comprising the long-established test for ruling on such immunity: (1) under existing law, does the plaintiff allege a violation of an actual, clearly established

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