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MACIARIELLO v. SUMNER

Nos. 91-1226, 91-1268.

973 F.2d 295 (1992)

Robert P. MACIARIELLO; Arnold Rowell, Plaintiffs-Appellees, v. W.B. SUMNER, Chief of Police, in his individual and official capacity; Paul S. Paskoff, Lancaster City Administrator, in his individual and official capacity, Defendants-Appellants, and City of Lancaster; City of Lancaster Police Department, Defendants. Robert P. MACIARIELLO; Arnold Rowell, Plaintiffs-Appellees, v. CITY OF LANCASTER; City of Lancaster Police Department, W. B. Sumner, Chief of Police, in his individual and official capacity; Paul S. Paskoff, Lancaster City Administrator, in his individual and official capacity, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 18, 1992.

Attorney(s) appearing for the Case

Vance J. Bettis, Gignilliat, Savitz & Bettis, Columbia, S.C. (Linda Pearce Edwards, on brief), for defendants-appellants.

Sharon McCain Rickborn, Columbia, S.C., for plaintiffs-appellees.

Before HALL and SPROUSE, Circuit Judges, and KIDD, Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Robert Maciarello and Daryl Rowell are former officers of the Lancaster, South Carolina, city police department. They brought this action, alleging two claims under state law and one, alleging an infringement of free speech, under 42 U.S.C. § 1983. The defendants are W.B. Sumner, the chief of police; Paul Paskoff, the city administrator; the city; and the police department. Plaintiffs sought money damages only.

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