PINDER v. JOHNSON

No. 93-2125.

33 F.3d 368 (1994)

Carol L. PINDER, Individually and in her capacity as surviving Mother of her minor children, deceased; and as Personal Representative of the Estates of Kim Pinder, LaToya and Troy Brummel, Plaintiff-Appellee, v. Donald JOHNSON, PFC, individually and in his official capacity, Defendant-Appellant, and Commissioners of Cambridge, in the City of Cambridge, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 1994.

Rehearing Granted; Opinion Vacated October 14, 1994.


Attorney(s) appearing for the Case

ARGUED: Paul T. Cuzmanes, Wilson, Elser, Moskowitz, Edelman & Dicker, Baltimore, MD, for appellant. Barbara Gold, Baltimore, MD, for appellee. ON BRIEF: Samuel L. Israel, Weinberg & Green, Columbia, MD, for appellant. Philip H. Gold, Baltimore, MD, for appellee.

Before RUSSELL and MICHAEL, Circuit Judges, and RONEY, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.


Rehearing In Banc Granted; Opinion Vacated October 14, 1994.

Affirmed by published opinion. Judge RUSSELL wrote the opinion, in which Judge MICHAEL joined. Senior Judge RONEY wrote a dissenting opinion.

OPINION

DONALD RUSSELL, Circuit Judge:

Officer Donald Johnson ("Officer Johnson") appeals the decision of the district court denying his motion for summary judgment, 821 F.Supp. 376. We find no merit in...

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