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GOODEN v. HOWARD COUNTY, MD.

No. 89-2470.

954 F.2d 960 (1992)

Theresa K. GOODEN, Plaintiff-Appellee, v. HOWARD COUNTY, MARYLAND, c/o Elizabeth Bobo, County Executive, Nancy Yeager, individually and in her capacity as a police officer of the Howard County Police Department; Frank N. Salter, individually and in his capacity as a police officer of the Howard County Police Department; William J. Pollack, individually and in his capacity as a police officer of the Howard County Police Department, Defendants-Appellants, and Frederick W. Chaney, in his capacity as Chief of Police of the Howard County Police Department, Unknown and Unidentified Police Officers of the Howard County Police Department, hereinafter referred to as John Doe I, John Doe II, John Doe III, John Doe IV, and John Doe V, who were present at and involved in the incidents complained of herein, individually and in their capacity as Police Officers of the Howard County Police Department, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 23, 1992.

Attorney(s) appearing for the Case

Marna Lynn McLendon, Senior Asst. County Sol., Ellicott City, Md., argued (Barbara M. Cook, Howard County Sol., on brief), for defendants-appellants.

Cheryl Lynn Ziegler, Morgan, Lewis & Bockius, Washington, D.C., argued (William L. Gardner, Howard T. Weir, Morgan, Lewis & Bockius, Roderick V.O. Boggs, Washington Lawyers' Committee for Civil Rights Under Law, on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, WILKINSON, WILKINS, and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge, sitting in banc.

OPINION

WILKINSON, Circuit Judge:

This case presents important issues pertaining to the defense of qualified immunity from suit under 42 U.S.C. § 1983. The factual circumstances are unusual, even bizarre, but the issues they raise as to qualified immunity occur all the time. It was to clarify these issues and to underscore the reasonable latitude accorded law enforcement officers in the performance of their duties that the court granted an en banc hearing...

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