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COGHLAN v. PHILLIPS

Civ. A. No. W75-78(N).

447 F.Supp. 21 (1977)

Ronnie Gene COGHLAN by reason of the wrongful death of his father, Clarence Eugene Coghlan, decedent, Plaintiff, v. Maurice PHILLIPS, Sheriff of Sharkey County, Mississippi, A. B. Derrick, Chief Deputy Sheriff, Sharkey County, Mississippi, Charles Ray McPhail, Police Officer, City of Rolling Fork, Sharkey County, Mississippi, and Lindsey Adams, Police Officer, City of Rolling Fork, Sharkey County, Mississippi, Defendants.

United States District Court, S. D. Mississippi, W. D.

March 11, 1977.

Attorney(s) appearing for the Case

David Seth Michaels, Atty., Mississippi Mental Health Project, Jackson, Miss., Mark Shefield, Atty., American Civil Liberties Union of Mississippi, Jackson, Miss., for plaintiff.

Carl F. André, Jr., Perry, Phillips, Crockett, Morrison & Herring, Jackson, Miss., E. C. Clements, Clements & Clements, Rolling Fork, Miss., for defendants.

MEMORANDUM OPINION

NIXON, District Judge.

This civil suit seeking recovery of damages for the death of the plaintiff's father, Clarence Eugene "Gene" Coghlan, was filed pursuant to 28 U.S.C. §§ 1331 and 1343(3) and (4). Plaintiff's federal cause of action is based on 42 U.S.C. § 1983, the Civil Rights Act of 1871, as well as the denial of the deceased's rights guaranteed by the 8th (cruel and unusual treatment) and 14th (deprivation of life...

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