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TARANTINO v. BAKER

No. 86-2109.

825 F.2d 772 (1987)

Joseph Mario TARANTINO, Plaintiff-Appellee, v. B.R. BAKER, Jr., Detective, Avery Co. Sheriff's Department, Defendant-Appellant, and State of North Carolina; James T. Rusher, District Attorney for Avery County, North Carolina, individually and in their official capacities, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1987.

Attorney(s) appearing for the Case

William Alfred Blancato, Winston-Salem, N.C. (Allan R. Gitter, Womble, Carlyle, Sandridge & Rice, on brief), for defendant-appellant.

Thomas Franklin Loflin, III Durham, N.C. (Dean A. Shangler, Loflin & Loflin, David S. Rudolf, Chapel Hill, N.C., Beskind & Rudolf, on brief), for plaintiff-appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Western District of North Carolina denying a police officer's claim of qualified immunity from suit under 42 U.S.C. § 1983. The district court concluded that the officer's conduct violated clearly settled fourth amendment principles and denied his motion for summary judgment based on qualified immunity, 639 F.Supp. 661

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