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BROWN v. MILLER

No. 06-30887.

519 F.3d 231 (2008)

Dennis Patrick BROWN, Plaintiff-Appellee, v. Nace Jerry MILLER, in his individual and official capacities, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 2008.

Attorney(s) appearing for the Case

John E. Bies (argued), Eric H. Holder, Jr., Covington & Burling, Washington, DC, William E. Rittenberg, Rittenberg, Samuel & Phillips, New Orleans, LA, for Plaintiff-Appellee.

Lance Sterling Guest (argued), New Orleans, LA, for Defendant-Appellant.

Before DeMOSS, DENNIS and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Nace Jerry Miller (Miller) appeals the district court's denial of his motion to dismiss on the grounds of qualified immunity. We affirm in part, dismiss in part, and remand for further proceedings.

I

Because this is an appeal from a denial of a motion to dismiss, these facts are taken from the pleadings and are presented in the light most favorable to the plaintiff. In 1984, Dennis Patrick Brown (Brown) was convicted of rape...

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