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PARNELL v. WALDREP

Nos. C-C-79-136, C-C-79-365.

538 F.Supp. 1203 (1982)

Larry Michael PARNELL, Plaintiff, v. C. L. WALDREP and Bob Dodgen, Defendants, and Gaston County; the Board of Commissioners of Gaston County; and the Members of the Board of Commissioners of Gaston County in Their Official and Individual Capacities, Additional Defendants. Joseph L. SUTTON, Donald W. Bridges, James L. Thompson, Sr., Fred Tolliver, David Doby, James W. Crowe, Robert McDowell, Billy Roberts, John McGill and Charles Smith, Plaintiffs, v. C. L. WALDREP, Sheriff of Gaston County, Defendant, and Gaston County; the Board of Commissioners of Gaston County; and the Members of the Board of Commissioners of Gaston County in Their Official and Individual Capacities, Additional Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

May 20, 1982.

Attorney(s) appearing for the Case

Clare O'Neill and Richard E. Giroux, North Carolina Prisoner Legal Services, Durham, N. C., for plaintiffs.

Frank B. Aycock, III, Charlotte, N. C., and Jeffrey M. Trepel, Hollowell, Stott, Hollowell, Palmer & Windham, Gastonia, N. C., for defendants.

ORDER

McMILLAN, District Judge.

Plaintiff Larry Michael Parnell filed the original complaint in this action on April 16, 1979. Parnell brought suit under 42 U.S.C. § 1983 against C. L. Waldrep, Sheriff of Gaston County, North Carolina, and Bob Dodgen, jail sergeant at the Gaston County Jail. On August 22, 1979, plaintiff Parnell filed an amended complaint as a class action which alleged three constitutional violations:

(1) That plaintiff and...

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