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ANDERSON v. NOSSER

No. 28971.

456 F.2d 835 (1972)

Katie Ruth ANDERSON et al., Plaintiffs-Appellants, v. J. J. NOSSER et al., Defendants-Appellees. James BRADLEY et al., Plaintiffs-Appellants, v. J. J. NOSSER et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 3, 1972.

Attorney(s) appearing for the Case

Lawrence D. Ross, Jackson, Miss., Bernard Jolles, Franklin, Bennett, Des Brisay & Jolles, Portland, Or., Robert L. Beerman, Morrison, Paul & Beiley, New York City, for plaintiffs-appellants.

William A. Allain, Asst. Atty. Gen., of Miss., Jackson, Miss., Joseph S. Zuccaro, Edwin E. Benoist, Jr., Natchez, Miss., Charles A. Marx, A. F. Summer, Atty. Gen. of Miss., Jackson, Miss., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM, and RONEY, Circuit Judges.

BELL, Circuit Judge:

The court, having been convened en banc, having considered additional briefs and having heard oral argument, modifies the panel decision in this matter, Anderson v. Nosser, 5 Cir., 1971, 438 F.2d 183, as follows.

I.

The federal cause of action is premised on 42 U.S.C.A. § 1983. The panel decision was that the uncontradicted evidence made out a case as a matter of law that cruel and unusual...

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