District Court, N.D. Mississippi March 29, 2002, 1:01 CV 222-B-D (Byrd v. Potter)

MEMORANDUM OPINION

BIGGERS, Senior District Judge.

This cause comes before the court on the defendant’s motion to dismiss, or in the alternative, motion for summary judgment. Since the court considered exhibits outside the pleadings, the instant motion is construed as a motion for summary judgment.