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AVERY v. COUNTY OF BURKE

No. 80-1691.

660 F.2d 111 (1981)

Virginia Ann AVERY, Appellant, v. COUNTY OF BURKE; Burke County Board of Health; Burke County Board of Social Services, Appellees. and Biomedical Reference Laboratories, Incorporated; C. W. Ellison, M.D.; C. W. Ellison, M.D., individually and in his professional relationship with Burke County Board of Health; James A. Blakely, individually and as Burke County Health Director, and Burke County Director of Social Services; C. J. Dellinger, M.D.; Donald Lambeth; Alfred Lytle; Gilmer Lowman; Callie Gregory; Clifford Stamper, D.D.S.; Mrs. Jane Gibson; Al Summers; and Gail Gay, individually and as members of Burke County Board of Health; George Squillario; Laura O'Neil; Bettie Hooks; E. R. Vaught; Major Buff, individually and as members of Burke County Board of Social Services; Linda K. York; Raye Faulkner, individually and as employees of Burke County Board of Health; Gail Moore, individually and as employee of Burke County Board of Social Services, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1981.

Attorney(s) appearing for the Case

Louis E. Vinay, Jr., James Reid Simpson, II, Morganton, N. C. (Dan R. Simpson, Simpson, Aycock, Beyer & Simpson, P. A., Morganton, N. C., on brief), for appellant.

Thomas Gene Smith, Valdese, N. C. (W. Harold Mitchell, Mitchell, Teele, Blackwell & Mitchell, Valdese, N. C., on brief) for appellees.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and RICHARD C. ERWIN, United States District Judge for the Middle District of North Carolina, sitting by designation.

BUTZNER, Circuit Judge:

Virginia Avery appeals a summary judgment dismissing the County of Burke, North Carolina, its Board of Health, and its Board of Social Services from her suit brought under 42 U.S.C. § 1983.1 Avery maintains that the county, the boards, and several individuals wrongfully caused her sterilization after informing her that she had sickle cell trait. We believe that there...

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