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TONEY v. STATE OF ALA.

No. CV-91-A-438-N.

784 F.Supp. 1542 (1992)

Richard L. TONEY, Plaintiff, v. STATE OF ALABAMA, Department of Corrections, Morris Thigpen, Commissioner, West Jefferson Facility, and Eddie Nagle, Warden of West Jefferson Facility, Defendants.

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

March 4, 1992.

Attorney(s) appearing for the Case

Ann K. Norton, Byron R. Perkins, Gordon, Silberman, Wiggins & Childs, Birmingham, Ala., for plaintiff.

Harry A. Lyles, General Counsel, Milt Belcher, Asst. Atty. Gen., David B. Byrne, Jr., Robison & Belser, P.A., Montgomery, Ala., for defendants.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

This cause is before the court for consideration of defendants' motion for summary judgment filed August 26, 1991. Toney filed a response to said motion on October 18, 1991. The court has reviewed the parties' arguments and finds that defendants' motion for summary judgment is due to be granted in part and denied in part.

On April 23, 1992, plaintiff...

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