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CAGLE v. SOUTHERLAND

Nos. 02-13131, 02-13651.

334 F.3d 980 (2003)

Cynthia CAGLE, as personal representative of the Estate of Danny Ray Butler, deceased, bringing claims on behalf of Danny Ray Butler's heirs and survivors, Plaintiff-Appellee, v. David SUTHERLAND, in his individual capacity, Allen Cole, in his individual capacity, Defendants-Appellants. Cynthia Cagle, as personal representative of the Estate of Danny Ray Butler, deceased, bringing claims on behalf of Danny Ray Butler's heirs and survivors, Plaintiff-Appellee, v. Winston County, a county in the State of Alabama, Winston County Commission, the governing body of Winston County, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 18, 2003.

Attorney(s) appearing for the Case

Kendrick Emerson Webb, Kelly Gallops Davidson, Gary L. Willford, Jr., Webb & Eley, P.C., Montgomery, AL, for Defendants-Appellants.

Patrick Mullins Lavette, Davenport & Lavette, Birmingham, AL, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and KRAVITCH and GIBSON, Circuit Judges.

PER CURIAM:

This case arises from a suicide at a jail.

Cynthia Cagle, on behalf of the estate of her brother Danny Ray Butler, filed this section 1983 action against Winston County, the County Commission (collectively "Winston County" or "the County"), and various county officials in their individual capacities. Defendants moved for summary judgment. The district court denied summary judgment to Winston County, Sheriff David Sutherland and Jailer Allen Cole...

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