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FOOTE v. DUNAGAN

Nos. 92-6522, 92-6523.

33 F.3d 445 (1994)

Ira I. FOOTE, Jr., Plaintiff-Appellant, v. Keith DUNAGAN; G. Wayne Pike; Marty Stallard; Thomas Baird; H.T. Harris; Wythe County, Virginia; Mecklenburg County, Virginia; John Doe #1; John Doe #2; John Doe #3, Defendants-Appellees, and Willis A. Woods, Defendant. Ira I. FOOTE, Jr., Plaintiff-Appellee, v. Keith DUNAGAN, Defendant-Appellant, and G. Wayne Pike; Marty Stallard; Thomas Baird; Willis A. Woods; H.T. Harris; Wythe County, Virginia; Mecklenburg County, Virginia; John Doe #1; John Doe #2; John Doe #3, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 6, 1994.

Attorney(s) appearing for the Case

ARGUED: Deborah C. Wyatt, Wyatt & Carter, Charlottesville, VA, for appellant. Kevin Scott Blair, Woods, Rogers & Hazlegrove, Roanoke, VA, for appellees. ON BRIEF: W. Fain Rutherford, Elizabeth K. Dillon, Woods, Rogers & Hazlegrove, Roanoke, VA, for appellees.

Before HALL and LUTTIG, Circuit Judges, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judge K.K. HALL and Senior Judge HIRAM H. WARD joined.

OPINION

LUTTIG, Circuit Judge:

Appellant/cross-appellee Ira T. Foote, Jr., instituted an action under 42 U.S.C. § 1983 following his arrest in April 1988, alleging a plethora of claims against eleven defendants. The district court dismissed all but four of Foote's claims and, adopting a magistrate-judge's report and...

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