Legal Opinion

Hosey Fleming v. Tunica County Mississippi

Court of Appeals for the Fifth Circuit

Decided October 5, 2012No. 10-60962UnpublishedCited by 8 opinions

1Opinion of the Court

PER CURIAM: *

This case involves plaintiff Hosey Fleming’s unlawful incarceration in the Tunica County, Mississippi jail for four months, two weeks, and three days after the state court suspended his prison sentence and instead placed him on probation. Fleming brought suit under 42 U.S.C. § 1983 and the Mississippi Tort Claims Act, Miss.Code Ann. §§ 11-46-1 to -23, against Tunica County, Sheriff K.C. Hamp, and Deputy Sheriff Charlie Wright. The district court granted summary judgment for the defendants on all of Fleming’s claims.

For the following reasons, we REVERSE the grant of summary…

2Cases cited25 opinions

  1. Pearson v. CallahanSupreme Court of the United States · 2009
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. City of Canton v. HarrisSupreme Court of the United States · 1989
  4. Peter Clayton McClendon v. City of Columbia, City of Columbia James R. CarneyCourt of Appeals for the Fifth Circuit · 2002
  5. Porter v. EppsCourt of Appeals for the Fifth Circuit · 2011

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3Cited by8 opinions

  1. Jones v. Tyson Foods, Inc.District Court, N.D. Mississippi · 2013
  2. Brooks v. City of West PointDistrict Court, N.D. Mississippi · 2014
  3. Abron v. BarrilleauxDistrict Court, E.D. Louisiana · 2021
  4. Disedare v. BrumfieldDistrict Court, E.D. Louisiana · 2024
  5. Estate of Jessica Danielle Brown v. AveryDistrict Court, S.D. Mississippi · 2020

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