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KESTLER v. BD. OF TRUSTEES OF N.C. RETIREMENT SYS.

No. 93-1123.

48 F.3d 800 (1995)

Anthony Edward KESTLER, Plaintiff-Appellee, v. BOARD OF TRUSTEES OF NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, a Body Politic and Corporate; Dennis Ducker, Director of the North Carolina Local Governmental Employees' Retirement System (in his official capacity); Harlan E. Boyles, Treasurer Of The State of North Carolina and Chairman of the North Carolina Local Governmental Employees' Retirement System (in his official capacity), Defendants-Appellants, and North Carolina Local Governmental Employees' Retirement System, a Corporation; State of North Carolina, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 23, 1995.

Attorney(s) appearing for the Case

ARGUED: Alexander McClure Peters, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, for appellants. Fred William DeVore, III, DeVore & Acton, P.A., Charlotte, NC, for appellee. ON BRIEF: Michael F. Easley, Atty. Gen. of NC, North Carolina Dept. of Justice, Raleigh, NC, for appellants.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

Reversed and remanded by published opinion. Judge WIDENER wrote the majority opinion, in which Judge RUSSELL joined. Judge HALL wrote a dissenting opinion.

OPINION

WIDENER, Circuit Judge:

The plaintiff, former Mecklenburg County Police Officer Anthony Edward Kestler, brought this action pursuant to 42 U.S.C. § 1983 alleging that the defendants, the Board of Trustees of North Carolina Local Government Employees' Retirement System (Retirement...

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