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BALLARD v. BURTON

No. 04-60621.

444 F.3d 391 (2006)

Stephen BALLARD, Plaintiff-Appellant, v. Brian BURTON, individually and in his Official capacity; Oktibbeha County, Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 24, 2006.

Attorney(s) appearing for the Case

Jim D. Waide, III, Joseph R. Murray, II (argued), Waide & Associates, Lisa S. Rohman, Tupelo, MS, for Plaintiff-Appellant.

James Lawson Hester (argued), Craig, Hester, Luke & Dodson, Ridgeland, MS, for Defendants-Appellees.

Before DAVIS, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Stephen Ballard ("Ballard") appeals from the grant of summary judgment in favor of the defendants, Brian Burton, Deputy Sheriff of the Oktibbeha County Sheriff's Office ("Burton"), and Oktibbeha County, Mississippi, on his action brought pursuant to 42 U.S.C. § 1983. Ballard's complaint alleges, in pertinent part, that Burton, individually and in his official capacity, caused permanent injuries by shooting Ballard during an arrest...

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