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SUGGS v. BRANNON

Nos. 86-1521, 86-1527.

804 F.2d 274 (1986)

Joyce SUGGS and Ronnie Owen Faircloth, Appellants, v. Hon. Anthony M. BRANNON, in his official capacity as Superior Court Judge, State of North Carolina; Ronald L. Stephens, in his official capacity as District Attorney for the County of Durham, State of North Carolina; J.L. Packard, individually & in official capacity as police officer for the City of Durham, State of North Carolina; R.C. Evans, individually & in his official capacity as police officer for the City of Durham, State of North Carolina; J.E. Mozart, individually & in his official capacity as police officer for the City of Durham, State of North Carolina; City of Durham, North Carolina; (numerous members of the Police Dept. of the City of Durham, whose names are unknown at this time, individually & in their capacity as police officers of the City of Durham, State of North Carolina, Appellees. Kenneth Lee SMITH, Appellant, v. H. MEBANE, Jr., Magistrate of Guilford County, North Carolina, individually and in his official capacity; A.A. Leake, Detective, Greensboro Police Department, individually and in his official capacity; Talbert, Captain, Police Captain, Greensboro Police Department, individually and in his official capacity; and the City of Greensboro, North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 3, 1986.

Attorney(s) appearing for the Case

Herbert L. Greenman (Paul J. Cambria, Jr., Cherie L. Peterson, Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y., on brief), Thomas F. Loflin, III (Loflin & Loflin, Durham, N.C., on brief), (Arthur M. Schwartz, Denver, Colo., Suggs & Faircloth, on brief) for appellants.

Jacob L. Safron, Sp. Deputy Atty. Gen., (Lacy H. Thornburg, Atty. Gen. of N.C., Raleigh, N.C., on brief), Kurt C. Stakeman (Womble, Carlyle, Sandridge & Rice; Charles F. Vance, Jr., Winston-Salem, N.C., on brief) for appellees.

Before RUSSELL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Joyce Suggs, Ronnie Owen Faircloth, and Kenneth Lee Smith, employees of adult bookstores operated in North Carolina, appeal an order of the district court dismissing these actions brought under 42 U.S.C. § 1983. We hold that the district court's denial of the appellants' request for injunctive relief was proper, but we conclude that the district court should have retained jurisdiction over their claim for money damages.

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