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NORMAN v. TAYLOR

No. 92-6648.

25 F.3d 1259 (1994)

Allain Delont NORMAN, Plaintiff-Appellant. v. Otis TAYLOR, Deputy Sergeant, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1994.

Attorney(s) appearing for the Case

ARGUED: Steven H. Goldblatt, Director, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for appellant. Conrad Moss Shumadine, Willcox & Savage, P.C., Norfolk, VA, for appellee. ON BRIEF: Leonard A. Feiwus, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for appellant. Mark D. Stiles, Willcox & Savage, P.C., Norfolk, VA, for appellee.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judges DONALD RUSSELL, WIDENER, WILKINSON, WILKINS, NIEMEYER, HAMILTON, and WILLIAMS joined. Judge K.K. HALL wrote a dissenting opinion, in which Chief Judge ERVIN and Judges PHILLIPS, MURNAGHAN, and MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Allain Delont Norman sued Norfolk Deputy Sergeant Otis Taylor under 42 U.S.C. § 1983, alleging that Sergeant Taylor subjected...

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