AYLER v. HOPPER

Civ. A. No. 80-341-N.

532 F.Supp. 198 (1981)

Eugene AYLER, etc., Plaintiff, v. Joseph HOPPER, Deputy Commissioner of Corrections for the State of Alabama, sued in his individual capacity, Defendant.

United States District Court, M. D. Alabama, N. D.

April 29, 1981.


Attorney(s) appearing for the Case

Ira Burnim and John L. Carroll, Montgomery, Ala., and Paul Heffler, Birmingham, Ala., for plaintiff.

W. Scears Barnes, Alexander City, Ala., for defendant.


ORDER

MYRON H. THOMPSON, District Judge.

This cause is before the Court on the plaintiff's February 25, 1981, "first motion in limine." By said motion, the plaintiff requests a decision by the Court prior to trial or, alternatively, prior to closing argument at trial, on the plaintiff's request that the jury in this case be instructed that "because it is unconstitutional, Alabama's `fleeing felon' statute, Alabama Code § 13A-3-27 (Supp.1980)...

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