IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-31205
CARY GRIFFIN
Plaintiff-Appellee
versus
EDWIN W EDWARDS, Etc.; ET AL
Defendants
EDWIN W EDWARDS, Governor, in his official capacity as
Governor; RAYMOND LABORDE, individually and in his
official capacity as commissioner of Administration
Defendants-Appellants
Appeal from the United States District Court
for the Middle District of Louisiana
(94-CV-568)
January 8, 1999
Before HIGGINBOTHAM, DUHÉ, and DeMOSS, Circuit Judges.
HIGGINBOTHAM, Circuit Judge:*
The prior panel implicitly held that Griffin stated a claim
for deprivation of constitutional rights. That holding binds
this panel. The district court found that there are genuine
questions of fact and denied the motion for summary judgment
filed by the public defendants. On this record we are not
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
persuaded of our jurisdiction, and we dismiss the appeal for want
of jurisdiction. Whether there has been a constitutional
violation and whether defendants enjoy immunity for any found
violations will be decided at trial.
APPEAL DISMISSED.
2