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JENNINGS v. PATTON

No. 10-60226.

635 F.3d 655 (2011)

James E. JENNINGS, Jr., Plaintiff-Appellee, v. Houston PATTON, In his individual capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 9, 2011.

Attorney(s) appearing for the Case

Victor Israel Fleitas (argued), Tupelo, MS, for Plaintiff-Appellee.

Rebecca Barge Cowan , Michael Franklin Myers (argued), Currie, Johnson, Griffin, Gaines & Myers, P.A., Jackson, MS, for Defendant-Appellant.

Before KING, STEWART and OWEN, Circuit Judges.

CARL E. STEWART, Circuit Judge:

In this action under 42 U.S.C. § 1983, James Jennings sued Judge Houston Patton, a county judge in Mississippi, for allegedly causing Jennings to be prosecuted without probable cause. Judge Patton moved to dismiss, or in the alternative for summary judgment, arguing in part that he was entitled to judicial immunity and qualified immunity. The district court denied Judge Patton's motion, concluding that genuine issues of material...

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