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TURNER v. DAMMON

No. 86-3628.

848 F.2d 440 (1988)

Mary Rose TURNER, Individually and t/a Rosie's Place II; John F. Turner, individually and t/a Rosie's Place II, Plaintiffs-Appellees, v. Charles DAMMON, Detective Sergeant, Walter Currence, Corporal; Joseph J. Casper, Trooper; Harry Edwards, Trooper; Jan Roth, Corporal, Defendants-Appellants. and William Bell, Deputy Sheriff; James Goldsmith, Deputy Sheriff, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1988.

Attorney(s) appearing for the Case

James Joseph Doyle, III, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., Baltimore, Md., on brief), for defendants-appellants.

Lee Saltzberg (Paul R. Kramer, Baltimore, Md., on brief), for plaintiffs-appellees.

Before WINTER, Chief Judge, WILKINSON, Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

WILKINSON, Circuit Judge:

Charles Dammon, Harry Edwards, Jan Roth, Walter Currence, and Joseph Casper, members of the Maryland State Police, appeal the denial of their summary judgment claim of qualified immunity from a suit brought against them under 42 U.S.C. § 1983 by Rose and John Turner, the owners of a bar known as "Rosie's Place II." We affirm the denial of qualified immunity as to Dammon and Edwards because the record raises a triable issue as to whether...

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