BECKHAM v. HARRIS

Nos. 84-1211(L), 84-1261.

756 F.2d 1032 (1985)

Thomas G. BECKHAM, Appellee, v. J. Gordon HARRIS, in his official capacity as Chief of Police of the Horry County Police Department, and individually; George O. "Buddy" Fowler, in his official capacity as Captain of Detectives of the Horry County Police Department, and individually; Horace Jordan; Winfred Gore; Elton Johnson; Bobby Johnson; J.D. Flowers; Delano Sanders; Joshua Vaught, Worth Lee; A.B. Grainger; Bill Ward, and Harold Rogers, in their official capacities as Horry County Police Commission Members, and individually; and The Horry County Police Commission; William J. Brown, in his official capacity as former County Administrator for Horry County, and individually; and John Hatchell, in his official capacity as County Administrator, and individually; Bob Childs; W.G. Hucks, Jr.; Ulysses Dewitt; Peggy G. Lewis; Greg Smith; Robert Gary Steele; Johnny M. Singleton; James R. Frazier; Bill Shannon; Robert Lee Rayburn; Arthur M. Marlowe, and Rogers L. Hammond, in their official capacities as former members of the Horry County Council; and Laurie McLeod; Ulysses Dewitt; Robert Edge, Jr.; Rev. J. Leroy Weathers; Dewey Kirkley; Robert G. Steele; Alton Duncan; James R. Frazier; Paul Creel; W. Paul Prince; Brice Blanton; and W.G. Hucks, Jr., in their official capacities as members of the Horry County Council and individually; and Horry County Council; James O. Dunn, in his official capacity as Solicitor for Horry County, and individually, Appellants. Thomas G. BECKHAM, Appellant, v. William J. BROWN, in his official capacity as former County Administrator for Horry County, and individually; and Bob Childs, W.G. Hucks, Jr., Ulysses Dewitt, Peggy G. Lewis, Greg Smith, Robert Gary Steele, Johnny M. Singleton, James R. Frazier, Bill Shannon, Robert Lee Rayburn, Arthur M. Marlowe, and Roger L. Hammond, in their official capacities as former members of the Horry County Council, and individually, Appellees, and J. Gordon Harris, in his official capacity as Chief of Police of the Horry County Police Department, and individually; George O. "Buddy" Fowler, in his official capacity as Captain of Detectives of the Horry County Police Department, and individually; Horace Jordan; Winfred Gore; Elton Johnson; Bobby Johnson; J.D. Flowers; Delano Sanders; Joshua Vaught; Worth Lee; A.B. Grainger; Bill Ward, and Harold Rogers, in their official capacities as Horry County Police Commission Members, and individually; and The Horry County Police Commission; John Hatchell, in his official capacity as County Administrator, and individually; Laurie McLeod; Ulysses Dewitt; Robert Edge, Jr.; Rev. J. Leroy Weathers; Dewey Kirkley; Robert G. Steele; Alton Duncan; James R. Frazier; Paul Creel; W. Paul Prince; Brice Blanton; and W.G. Hucks, Jr., in their official capacities as members of the Horry County Council and individually; and Horry County Council; James O. Dunn, in his official capacity as Solicitor for Horry County, and individually, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1985.

Rehearing Denied April 25, 1985.


Attorney(s) appearing for the Case

Harold W. Jacobs, Columbia, S.C. (Nexsen, Pruet, Jacobs & Pollard, Columbia, S.C. John P. Henry; Thompson, Henry & Guinn, P.A., Conway, S.C., on brief), for appellants.

John M. Leiter (Lawn & Leiter; Myrtle Beach, Kenneth A. Richstad, Childress & Richstad, Columbia, S.C., on brief), for appellee.

Before HALL and MURNAGHAN, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.


MURNAGHAN, Circuit Judge:

The present appeal arises from an action brought by Thomas G. Beckham ("Beckham"), a former narcotics detective with the Horry County South Carolina Police Department ("the police department") who was discharged by the defendant, Chief J. Gordon Harris ("Harris"),1 on February 28, 1981 after submitting false information in an incident report and in an affidavit used to procure search and arrest warrants. Beckham...

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