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BALLENGER v. OWENS

No. 02-7394.

352 F.3d 842 (2003)

Stanley M. BALLENGER, Plaintiff-Appellant, v. John Dale OWENS, Lance Corporal and South Carolina State Trooper; State of South Carolina, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 17, 2003.

Attorney(s) appearing for the Case

ARGUED: D. Thomas Wilson, Student, Counsel, Community Legal Practice Center, Washington And Lee University School Of Law, Lexington, Virginia, for Appellant.

Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellees.

ON BRIEF: C. Elizabeth Belmont, Community Legal Practice Center, Washington And Lee University School Of Law, Lexington, Virginia, for Appellant.

Frank L. Valenta, Jr., South Carolina Department Of Public Safety, Blythewood, South Carolina, for Appellees.

Before NIEMEYER, WILLIAMS, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge DUNCAN joined.

OPINION

NIEMEYER, Circuit Judge:

Stanley Ballenger commenced this action against the State of South Carolina and South Carolina State Trooper John Owens under 42 U.S.C. § 1983, alleging an unreasonable search and seizure and demanding $1.5 million in damages. In particular, Ballenger alleged that Trooper Owens illegally and unconstitutionally...

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