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ROWLAND v. PERRY

Nos. 93-2589, 94-1023.

41 F.3d 167 (1994)

Otha ROWLAND, Jr., Plaintiff-Appellee, v. B.M. PERRY, Individually and as Police Officer, City of Raleigh Police Department; City of Raleigh, a municipal corporation organized under and pursuant to the laws of the State of North Carolina, Defendants-Appellants. Otha ROWLAND, Jr., Plaintiff-Appellant, v. B.M. PERRY, Individually and as Police Officer, City of Raleigh Police Department; City of Raleigh, a municipal corporation organized under and pursuant to the laws of the State of North Carolina, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1994.

Attorney(s) appearing for the Case

ARGUED: Dorothy Virginia Kibler, Bailey & Dixon, Raleigh, NC, for appellants. Edward Hardy Lewis, Marcus W. Trathen, Tharrington, Smith & Hargrove, Raleigh, NC, for appellee. ON BRIEF: Kenyann G. Brown, Bailey & Dixon, Raleigh, NC, Thomas A. McCormick, Jr., City Atty., City of Raleigh, Raleigh, NC, for appellants. Roger W. Smith, Tharrington, Smith & Hargrove, Raleigh, NC, for appellee.

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

Affirmed in part; reversed in part; dismissed in part; and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Justice POWELL and Judge MURNAGHAN joined.

OPINION

WILKINSON, Circuit Judge:

This case requires us to consider once again questions of qualified immunity under 42 U.S.C. § 1983 raised in the context of a defendant police officer's motion for summary judgment. The district court denied the officer's assertions...

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