Carl Edward KIRBY, Plaintiff-Appellant,
v.
CITY OF ELIZABETH CITY, North Carolina, a municipal corporation; Trevor Hampton, in his official capacity and individually; Frank Koch, individually and in his official capacity, Defendants-Appellees. National Association Of Police Organizations; Fraternal Order of Police; Professional Firefighters & Paramedics Of North Carolina; North Carolina Association Of Educators; North Carolina Academy Of Trial Lawyers, Amici Supporting Appellant,
North Carolina Association Of County Commissioners; North Carolina School Boards Association, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: June 3, 2004.
Decided: November 3, 2004.
Attorney(s) appearing for the Case
ARGUED: Joseph Michael McGuinness, Elizabethtown, North Carolina, for Appellant. Norwood Pitt Blanchard, III, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Appellees. ON BRIEF: Patricia L. Holland, Rachel K. Esposito, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Appellees. William J. Johnson, National Association of Police Organizations, Inc., Washington, D.C., for NAPO; Richard Hattendorf, Fraternal Order of Police, Charlotte, North Carolina, for FOP; M. Travis Payne, Edelstein and Payne, Raleigh, North Carolina, for Professional Fire Fighters and Paramedics of North Carolina and North Carolina Academy of Trial Lawyers; John W. Gresham, Ferguson Stein Chambers, Charlotte, North Carolina, for North Carolina Association of Educators, Amici Supporting Appellant. James B. Blackburn, III, North Carolina Association of County Commissioners, Raleigh, North Carolina, for NCACC; Allison Brown Schafer, North Carolina School Boards Association, Raleigh, North Carolina, for NCSBA; M. Daniel McGinn, Brooks, Pierce, Mclendon, Humphrey & Leonard, L.L.P., Greensboro, North Carolina, for Amici Supporting Appellees.
Before WILKINS, Chief Judge, WILLIAMS, Circuit Judge, and David R. HANSEN, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Senior Judge HANSEN joined.
OPINION
WILLIAM W. WILKINS, Chief Judge:
Carl Edward Kirby appeals a district court order granting summary judgment against him in his action against the City of Elizabeth City, North Carolina ("City"); City Police Chief Trevor Hampton; and City Police Lieutenant Frank Koch (collectively, "Appellees") in which Kirby asserts...
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