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HARPER v. LAWRENCE COUNTY, ALA.

No. 09-10226 Non-Argument Calendar.

592 F.3d 1227 (2010)

Sheila T. HARPER, personal representative of the estate Mitchell Vinson Harper, deceased, Plaintiff-Appellee, v. LAWRENCE COUNTY, ALABAMA, a county organized and existing under the laws of the State of Alabama, Lawrence County Commission, a governmental entity organized and existing under the laws of the state of Alabama, et al., Defendants, Gene Mitchell, an individual, Kenneth Mitchell, an individual, Mary Brown, an individual, Wilford Jerome Reed, an individual, Kevin Blake Robinson, an individual, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 6, 2010.

Attorney(s) appearing for the Case

Gary L. Willford, Jr., Daryl L. Masters, Webb & Eley, P.C., Montgomery, AL, for Defendants-Appellants.

Charles J. Kelley, Holt, Mussleman, Kelley & Morgan, Florence, AL, Justin Lee Smith, Silas G. Cross, Jr., Cross, Poole, Goldasich & Fischer, LLC, Tuscaloosa, AL, for Harper.

Before MARCUS, WILSON and FAY, Circuit Judges.

FAY, Circuit Judge:

The court hereby withdraws the opinion issued in the matter on October 7, 2009 and substitutes the following therefore.

This appeal requires us to determine whether the district court properly rescinded its order converting a motion to dismiss into a motion for summary judgment. We must also determine whether the court properly denied Defendants qualified immunity. After reviewing the record and...

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