BUFFINGTON v. BALTIMORE COUNTY, MD.

Nos. 88-1161, 89-1021, 89-1040, 89-1054 and 89-1055.

913 F.2d 113 (1990)

Barbara BUFFINGTON, Individually and as Personal Representative of the Estate of James E. Buffington, deceased; David M. Buffington, Individually, Plaintiffs-Appellees, v. BALTIMORE COUNTY, MARYLAND, a body corporate and politic; Cornelius J. Behan, Individually and in his official capacity as Chief of Police; Donald Gaigalas, Individually and in his official capacity; Ronald L. Tucker, Individually and in his official capacity, Defendants-Appellants, and Daniel Yuska, Individually and in his official capacity; Joseph Gribbin, Individually and in his official capacity; L.S. Harvey, Individually and in his official capacity; Kenneth W. Kramer, Individually and in his official capacity; William L. Maeser, Individually and in his official capacity, Defendants. In re John A. AUSTIN; James G. Beach, III, Appellants. Barbara BUFFINGTON, Individually and as Personal Representative of the Estate of James E. Buffington, deceased; David M. Buffington, Individually, Plaintiffs-Appellees, v. BALTIMORE COUNTY, MARYLAND, a body corporate and politic; Cornelius J. Behan, Individually and in his official capacity as Chief of Police; Daniel Yuska, Individually and in his official capacity; Joseph Gribbin, Individually and in his official capacity; L.S. Harvey, Individually and in his official capacity; Donald Gaigalas, Individually and in his official capacity; Kenneth W. Kramer, Individually and in his official capacity; Ronald L. Tucker, Individually and in his official capacity; William L. Maeser, Individually and in his official capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1990.

As Amended September 19, 1990.

Rehearing and Rehearing Denied October 15, 1990.


Attorney(s) appearing for the Case

Carter G. Phillips, Sidley & Austin, Washington, D.C.; Robert Belknap Green, Irwin, Kerr, Green, McDonald & Dexter, Baltimore, Md., argued (Mark D. Hobson, Kevin L. Kimball, Sidley & Austin, Washington, D.C., Charles M. Kerr, Irwin, Kerr, Green, McDonald & Dexter, Baltimore, Md., Arnold Jablon, County Atty., Michael J. Moran, Asst. County Atty., Thomas K. Farley, Asst. County Atty., Baltimore County Office of Law, Towson, Md., on brief), for appellants.

William Francis Gately, Daniel Warren Whitney, Sr., Semmes, Bowen & Semmes, Baltimore, Md., argued (Janet M. Truhe, Semes, Bowen & Semmes, Baltimore, Md., on brief), for plaintiffs-appellees.

Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Rehearing and Rehearing In Banc Denied October 15, 1990.

PHILLIPS, Circuit Judge:

Baltimore County, Baltimore County Chief of Police Cornelius Behan, and Baltimore County Police Officers Donald Gaigalas and Ronald Tucker appeal the district court's judgment for David and Barbara Buffington in the Buffingtons' action under 42 U.S.C. § 1983 and state law, asserting the defendants' liability for failing to prevent the Buffingtons' son's suicide while he...

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