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McAFEE v. BOCZAR

Nos. 12-2481, 13-1088, 13-1356.

738 F.3d 81 (2013)

Eileen McAfee, Plaintiff-Appellee, v. Christine M. BOCZAR, Defendant-Appellant, and John Doe 1; John Doe 2; John Doe 3, Defendants. Eileen McAfee, Plaintiff-Appellee, v. Christine M. Boczar, Defendant-Appellant, and John Doe 1; John Doe 2; John Doe 3, Defendants. Eileen McAfee, Plaintiff-Appellee, v. Christine M. Boczar, Defendant-Appellant, and John Doe 1; John Doe 2; John Doe 3, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: December 12, 2013.

Attorney(s) appearing for the Case

ARGUED: Henry Keuling-Stout , Keuling-Stout, PC, Big Stone Gap, Virginia, for Appellant. William H. Hurd , Troutman Sanders LLP, Richmond, Virginia, for Appellee. ON BRIEF: Michael R. Ward , Morris & Morris, PC, Richmond, Virginia, for Appellant. Stephen C. Piepgrass , Troutman Sanders LLP, Richmond, Virginia, for Appellee.

Nos. 13-1356 and 13-1088 affirmed; No. 12-2481 vacated and remanded with instructions by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge DUNCAN joined.

KING, Circuit Judge:

Defendant Christine Boczar, a deputy sheriff of Powhatan County, Virginia, appeals the judgment of damages plus attorney's fees entered against her in the Eastern District of Virginia in this 42 U.S.C. § 1983 proceeding. Boczar presents two appellate issues: First, she contends that she is entitled to qualified immunity such that a trial should not have been conducted; and, second, she maintains that, even should the jury's verdict stand...

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