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BURGE v. ST. TAMMANY PARISH

No. 01-31017.

336 F.3d 363 (2003)

Gerald BURGE, Plaintiff-Appellee-Cross-Appellant, v. ST. TAMMANY PARISH; et al., Defendants, Rodney Jack Strain, Sheriff of St. Tammany Parish, Defendant-Appellant-Cross-Appellee. Gerald Burge, Plaintiff-Appellee-Cross-Appellant, v. Patrick Canulette, etc.; et al., Defendants, Debra McCormick, Defendant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 8, 2003.

Attorney(s) appearing for the Case

Mark William Smith (argued), Metairie, LA, for Burge.

Margaret H. Kern (argued), Jones, Fussell, Buras, Schoen, Kern & Crain, Covington, LA, Franz L. Zibilich, Martiny & Caracci, Metairie, LA, for Strain.

Before GARWOOD, JONES and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

Appellant Rodney Jack Strain, the Sheriff of St. Tammany Parish, Louisiana, appeals the entry of judgment against him in his official capacity, under 42 U.S.C. § 1983, for depriving the appellee, Gerald Burge, of his right to a fair trial. Burge cross-appeals the dismissal of his state-law tort claim against Sheriff Strain for spoliation of evidence. We reverse the entry of judgment against Sheriff...

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