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WILEY v. DOORY

No. 93-1759.

14 F.3d 993 (1994)

John J. WILEY, Sergeant; Charles Bealefeld, Officer; Harry Van Cleaf, Officer; Joseph Struck, Officer; Thomas Tomsho, Officer; Fraternal Order of Police, Baltimore City Lodge 3, Incorporated, Plaintiffs-Appellees, v. Timothy DOORY, Individually and in his official capacity as Assistant State's Attorney for Baltimore City State Attorney's Office, Defendant-Appellant, and Mayor and City Council of Baltimore; State of Maryland; Baltimore City Police Department; Edward Tilghman, Commissioner of the Baltimore City Police Department; Stuart Simms, State's Attorney for the Baltimore City State Attorney's Office, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 27, 1994.

Attorney(s) appearing for the Case

ARGUED: Diane Krejsa, Asst. Atty. Gen., Baltimore, MD, for Appellant. Michael Lawrence Marshall, Schlachman, Belsky & Weiner, P.A., Baltimore, MD, for Appellees. ON BRIEF: J. Joseph Curran, Jr., Atty. Gen. of Maryland, Baltimore, MD, for Appellant. Herbert R. Weiner, Schlachman, Belsky & Weiner, P.A., Baltimore, MD, for Appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WIDENER and WILLIAMS, Circuit Judges.

OPINION

POWELL, Associate Justice:

On December 7, 1987, a shooting occurred in which involvement by Baltimore City Police officers was suspected.1 Appellant/Defendant Timothy J. Doory, as Assistant State's Attorney for Maryland, participated in a criminal and an internal investigation of the incident.2 During the course of this investigation, Appellees/Plaintiffs Sergeant John J. Wiley, Officer Charles...

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