GIANCOLA v. STATE OF W. VA. DEPT. OF PUBLIC SAFETY

No. 86-1270.

830 F.2d 547 (1987)

Tony GIANCOLA; Margaret Hughes, Plaintiffs-Appellants, v. STATE OF WEST VIRGINIA DEPARTMENT OF PUBLIC SAFETY; H.C. Ryan, individually and in his official capacity as defendant department's employee and agent; Timothy Hatton, individually and in his official capacity as defendant Department's employee and agent; C.W. Mitchem, individually and in his official capacity as defendant Department's employee and agent; W.S. Coburn, individually and in his official capacity as defendant Department's employee and agent; Monroe County, West Virginia, Sheriff's Office; Joseph Galusek, individually and in his official capacity as defendant Sheriff's office's employee and agent; Warren Smith, individually and in his official capacity as defendant Sheriff's Office's employee and agent; Charles Butcher, individually and in his official capacity as defendant Sheriff's Office's employee and agent; U.S. Department of Justice; U.S. Drug Enforcement Agency; Various Unknown Local, State and Federal Law Enforcement Officers and Agencies; Does 1-100, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1987.


Attorney(s) appearing for the Case

James Daniel Gerl (Carole L. Scotti, Lewisburg, W. Va., on brief), for plaintiffs-appellants.

Jeffrey Michael Wakefield (Kay, Casto & Chaney, Charleston, W. Va., R.G. McNeer, David C. Ray, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., Michael Carey, U.S. Atty., Mary S. Feinberg, Asst. U.S. Atty., Charleston, W. Va., on brief) for defendants-appellees.

Before CHAPMAN and WILKINS, Circuit Judges, and JOE F. ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.


WILKINS, Circuit Judge:

Plaintiffs Tony Giancola and Margaret Hughes, husband and wife, appeal the district court's grant of summary judgment in favor of all Defendants. Plaintiffs sought damages and injunctive relief arising from helicopter surveillance designed to locate marijuana cultivating operations in Monroe County, West Virginia.1 They did not contest the constitutionality of helicopter surveillance in general, but rather contended...

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