CLARK v. LINK

No. 87-2155.

855 F.2d 156 (1988)

Arthur CLARK; Melissa Clark, Plaintiffs-Appellees, v. Earl LINK; R.E. Combs, Defendants-Appellants, and Charles Britt; Fredrickia Britt; Frank Stanley, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1988.


Attorney(s) appearing for the Case

Nancy R. Hatch (Richard T. Rice, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for defendants-appellants.

Lacy H. Thornburg, Atty. Gen., Joan Herre Byers, Sp. Deputy Atty. Gen., Dept. of Justice, Raleigh, N.C., on brief for amicus curiae.

George Daly, for plaintiffs-appellees.

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


DONALD RUSSELL, Circuit Judge:

This section 1983, 42 U.S.C. conspiracy action was begun by the plaintiffs against certain private individuals and two county deputy sheriffs. The two officers filed a defense denying participation in any conspiracy to violate plaintiffs' constitutional rights and pleading specially qualified immunity. The district judge heard the qualified immunity defense and the claim of insufficiency of evidence of an actionable conspiracy on a motion...

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