Court of Appeals for the Fifth Circuit April 3, 1981, 78-1036 (Troy Lee Douthit v. Clarence Jones, Sheriff, Dallas County, Texas, and W. H. McCallum)

PER CURIAM:

In this petition for rehearing, the defendant sheriff and deputy sheriff contend for the first time that to impose liability upon Sheriff Jones for the allegedly unlawful incarceration of Douthit in November 1973 would contravene our decision in

Baskin v. Parker,

602 F.2d 1205 (5th Cir. 1979) (on rehearing), by holding Sheriff Jones vicariously liable for the acts of his subordinates.