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PURCELL EX REL. ESTATE OF MORGAN v. TOOMBS COUNTY

No. 02-11994.

400 F.3d 1313 (2005)

Mollie Jo PURCELL, as natural parent and administrator of the ESTATE OF Matthew Shawn MORGAN, Plaintiff-Appellee, v. TOOMBS COUNTY, GA, Defendant, Alvie Kight, Jr., individually and in his official capacity as Sheriff of Toombs County, Jerry White, individually and in his official capacity as Detention Administrator of Toombs County, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 24, 2005.

Attorney(s) appearing for the Case

Dana K. Maine, Theodore Freeman, Freeman, Mathis & Gary, LLP, Atlanta, GA, for Defendants-Appellants.

Thomas A. Nash, Jr., Inglesby, Falligant, Horne, Courington & Nash, Brent J. Savage, C. Dorian Britt, Savage, Turner, Pinson & Karsman, Savannah, GA, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and BIRCH and FARRIS, Circuit Judges.

EDMONDSON, Chief Judge:

While detained at the Toombs County Jail, Matthew Morgan was beaten and injured by three other inmates. Mollie Jo Purcell brought this action, pursuant to 42 U.S.C. § 1983, on behalf of Morgan, her now deceased son. She alleged that Toombs County, Sheriff Kight and Jail Administrator White violated Matthew Morgan's Eighth and Fourteenth Amendment rights in failing to prevent this inmate-on-inmate attack.

The district court denied...

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