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CABELL v. PETTY

No. 86-2509.

810 F.2d 463 (1987)

Joan F. CABELL, Administratrix of the Estate of Charles Leslie Fitz, deceased; Walter W. Cabell; Kelly E. Fitz, a Minor by Joan F. Cabell, Her Mother and Next Best Friend; Dominique L. Fitz, a Minor by Sheila F. Merchant, Her Mother and Next Best Friend, Appellees, v. William G. PETTY, Appellant, and Commonwealth of Virginia; Harvey Gray Watson, Jr., a/k/a Harvey Grey Watson and Harvey Guy Watson, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1987.

Attorney(s) appearing for the Case

William G. Petty, Commonwealth's Atty. (A. David Hawkins, Overby, Overby & Hawkins, Rustberg, Va., on brief), for appellant.

Charles J.L. Mangum, Lynchburg, Va., on brief, for appellees.

Before HALL, Circuit Judge, BUTZNER, Senior Circuit Judge, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

Joan F. Cabell, administratrix of the estate of Charles Leslie Fitz, and certain other individuals instituted a civil action against the Commonwealth of Virginia, William G. Petty, Commonwealth Attorney for the City of Lynchburg, Virginia, and Harvey Gary Watson. The plaintiffs alleged the infliction of constitutional injury in violation of 42 U.S.C. §§ 1981 and 1983, in connection with the 1983 murder of Fitz by Watson. Following...

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