WILEY v. MAYOR AND CITY COUNCIL OF BALTIMORE

No. 94-1892.

48 F.3d 773 (1995)

John J. WILEY, Sergeant; Charles Bealefeld, Officer; Paul B. Deachilla, Officer; Harry Van Cleaf, Officer; Joseph Struck, Officer; Thomas Tomsho, Officer; Fraternal Order of Police, Baltimore City Lodge 3, Incorporated, Plaintiffs-Appellants, v. MAYOR AND CITY COUNCIL OF BALTIMORE; Timothy Doory, Individually, and in his official capacity as Assistant State's Attorney for the Baltimore City State's Attorneys Office, Defendants-Appellees, and State of Maryland; Baltimore Police Department; Edward J. Tilghman, Commissioner of the Baltimore City Police Department; Stuart Simms, State's Attorney for the Baltimore City State's Attorneys Office, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1995.


Attorney(s) appearing for the Case

ARGUED: Michael Lawrence Marshall, Schlachman, Belsky & Weiner, P.A., Baltimore, MD, for appellants. Evelyn Omega Cannon, Asst. Atty. Gen., Baltimore, MD, for appellee Doory; Burton Harry Levin, Asst. City Sol., Baltimore, MD, for appellees Mayor and City Council. ON BRIEF: Herbert R. Weiner, Schlachman, Belsky & Weiner, P.A., Baltimore, MD, for appellants. J. Joseph Curran, Jr., Atty. Gen. of Maryland, Baltimore, MD, for appellee Doory; Neal M. Janey, Baltimore City Sol., Baltimore, MD, for appellees Mayor and City Council.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WIDENER and WILLIAMS, Circuit Judges.


Affirmed by published opinion. Justice POWELL wrote the opinion, in which Judge WIDENER and Judge WILLIAMS joined.

OPINION

POWELL, Associate Justice.

This appeal requires us to determine whether four Baltimore City police officers may proceed with a claim that their Fifth Amendment rights against self-incrimination were violated when they were ordered to undergo a polygraph examination as a condition of their continued employment. The district court...

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