NORTON v. UNITED STATES

No. 77-1919.

581 F.2d 390 (1978)

Elizabeth Ann NORTON, Appellee, v. UNITED STATES of America, Appellant, and John Turner, Robert O'Brien, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 19, 1978.


Attorney(s) appearing for the Case

Paul Blankenstein, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., William B. Cummings, U. S. Atty., Alexandria, Va., and William Kanter, Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for appellant.

John D. Grad, Alexandria, Va. (Philip J. Hirschkop, Hirschkop & Grad, P. C., Alexandria, Va., Arthur H. Blitz, Silver Spring, Md., Robert D. Salzer, Silver Spring, Md., on brief), for appellee.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.


WINTER, Circuit Judge:

Elizabeth Ann Norton was awarded summary judgment against the United States and damages in the sum of $12,500 in her suit under the fourth amendment for violation by federal law enforcement officers of her rights secured by that amendment. In reaching this result, the district court ruled that the United States could not assert as a defense to its liability the good faith and reasonable belief of the officers in the legality of their conduct...

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