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LEONARD v. SUTHARD

No. 90-2908.

927 F.2d 168 (1991)

B.T. LEONARD, Jr., Plaintiff-Appellant, v. R.L. SUTHARD, in his official capacity as the current Superintendent of the Virginia State Police, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1991.

Attorney(s) appearing for the Case

John Christian Lowe, argued, Charlottesville, Va., for plaintiff-appellant.

John Westrick, argued (Mary Sue Terry, Atty. Gen., K. Marshall Cook, Deputy Atty. Gen., John M. McCarthy, Sr. Asst. Atty. Gen., on brief), Richmond, Va., for defendant-appellee.

Before SPROUSE and CHAPMAN, Circuit Judges, and MERHIGE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

CHAPMAN, Circuit Judge:

Plaintiff-appellant B.T. Leonard, Jr. (Leonard), a First Sergeant with the Virginia State Police, brought suit against R.L. Suthard, Superintendent of the Virginia State Police (Superintendent), alleging that his transfer from Charlottesville, Virginia to Richmond, Virginia was retaliatory and, as such, violated his constitutional rights. The district court granted the Superintendent's motion to dismiss, and Leonard appeals. We affirm.

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