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VIZBARAS v. PRIEBER

No. 84-1073.

761 F.2d 1013 (1985)

Vincent VIZBARAS, Individually and as Personal Representative of the Estate of Peter Vizbaras, deceased, Appellant, and Linda Vizbaras, Individually and as Personal Representative of the Estate of Peter Vizbaras, deceased, Plaintiff, v. Lieutenant Edward PRIEBER, Anne Arundel County Police; Officer Edward Zeminsky, Anne Arundel County Police; Officer Wilbert Jones, Anne Arundel County Police; Officer Craig L. Dodson, Anne Arundel County Police; Sergeant John J. Hannan, Anne Arundel County Police; Officer William E. Daywalt, Jr., Anne Arundel County Police; Officer Henry McClung, Anne Arundel County Police; Officer David L. Griffith, Anne Arundel County Police, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 1985.

Attorney(s) appearing for the Case

Michael Avery, Boston, Mass. (Avery & Friedman, Boston, Mass., Michael O'Reilly, Rees, Broome & Diaz, Vienna, Va., on brief), for appellants.

David S. Bliden, Deputy County Sol., Annapolis, Md. (Stephen R. Beard, County Sol., James S. Gibbons, Asst. County Sol., Annapolis, Md., on brief), for appellees.

Before WINTER, Chief Judge, HALL, Circuit Judge, and MACKENZIE, Chief District Judge, United States District Court for the Eastern District of Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

Vincent and Linda Vizbaras (the Vizbarases) appeal from the district court's entry of judgment on the jury's verdict in favor of defendants on plaintiffs' 42 U.S.C. § 1983 claim of excessive force. They also appeal from the district court's order dismissing their § 1983 action against Anne Arundel County, Maryland, (the "County"), and the district court's grant of a directed verdict as to their unlawful entry and illegal arrest...

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