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HARTER v. VERNON

No. 96-1434.

101 F.3d 334 (1996)

Wayne HARTER; Robert Payne, Plaintiffs-Appellees, v. C.D. VERNON, individually and in his official capacity as Sheriff of Rockingham County; Rockingham County, Defendants-Appellants, Guilford County, Movant.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1996.

Attorney(s) appearing for the Case

ARGUED: James Redform Morgan, Jr., Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, NC, for Appellants. Martha Anne Geer, Patterson, Harkavy & Lawrence, L.L.P., Raleigh, NC, for Appellees. ON BRIEF: Melinda Lawrence, Patterson, Harkavy & Lawrence, L.L.P., Raleigh, NC, for Appellees.

Before RUSSELL, NIEMEYER and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge NIEMEYER joined. Judge RUSSELL concurred only in the judgment.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The district court concluded that a sheriff in North Carolina is not a state official for purposes of Eleventh Amendment immunity. Because the state treasury would not pay any judgment against a sheriff and because the state...

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