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GRAYSON v. PEED

No. 98-23835.

195 F.3d 692 (1999)

Thelma Virginia GRAYSON, Administrator of the Estate of Gerald Anthony Collins, Plaintiff-Appellant, v. Carl R. PEED, Sheriff of Fairfax County; M.E. Royer; Fairfax County Board of Supervisors; Unnamed and Unknown Sheriff's Deputies; Other Unknown Police Officers of Fairfax County, Defendants-Appellees, and Tyson Corner LLC, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: November 5, 1999.

Attorney(s) appearing for the Case

ARGUED: Neil Lawrence Henrichsen, Mitterhoff, Henrichsen & Stewart, P.L.L.C., Washington, D.C., for Appellant. Peter Donald Andreoli, Jr., Office of the County Attorney, Fairfax, Virginia; John J. Brandt, Brandt, Jennings, Roberts, Davis & Snee, P.L.L.C., Falls Church, Virginia, for Appellees. ON BRIEF: Lorraine M. Magee, Mitterhoff, Henrichsen & Stewart, P.L.L.C., Washington, D.C., for Appellant. David P. Bobzien, Robert Lyndon Howell, Office of the County Attorney, Fairfax, Virginia; Robert S. Corish, Brandt, Jennings, Roberts, Davis & Snee, P.L.L.C., Falls Church, Virginia, for Appellees.

Before WILKINSON, Chief Judge, KING, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge BUTZNER joined.

OPINION

WILKINSON, Chief Judge:

On March 25, 1995, Gerald Collins was arrested and transported to the Fairfax County Adult Detention Center. The following day Collins was declared brain dead. Appellant brought suit on behalf of Collins' estate pursuant to 42 U.S.C. § 1983 alleging that the arresting officer, the sheriff...

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