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WILKINS v. WHITAKER

No. 80-6577.

714 F.2d 4 (1983)

Horace WILKINS, Appellant, v. Gordon Lee WHITAKER, Detective, H.P.P.D.; John Faircloth, Chief of Police, H.P.P.D., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1983.

Attorney(s) appearing for the Case

Edwin C. Walker, Durham, N.C., for appellant.

Robin L. Winslow, Liberty, N.C. (Knox Walker, High Point, N.C., Michael R. Smith, Chapel Hill, N.C., on brief), for appellees.

Before WINTER, Chief Judge, WIDENER, Circuit Judge, and FIELD, Senior Circuit Judge.

WIDENER, Circuit Judge:

Horace Wilkins brought this action under 42 U.S.C. § 1983 against Detective Gordon Whitaker and Chief John Faircloth of the High Point, North Carolina Police Department. Wilkins alleged that Detective Whitaker unlawfully searched his car and removed property from it which was never returned. Chief Faircloth was sued on a theory of respondeat superior. The district court granted summary judgment for the defendants, and we affirm.

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