FINELLI BY AND THROUGH FINELLI v. TABB

No. 94-1921.

67 F.3d 67 (1995)

Jason FINELLI, a minor and incompetent person, by and through Theresa A. Finelli, his mother and guardian; Theresa A. Finelli, individually; Stanley Finelli, Plaintiffs-Appellees, v. James TABB, Deputy Sheriff; John Morales, Deputy Sheriff; Mark Whoolery, Corporal; Michael Toms, Deputy Sheriff; Mark Howard, Deputy Sheriff; James Simms, Deputy Sheriff; Steven Doppler, Deputy Sheriff; Mark Roccapriore, Deputy Sheriff, Defendants-Appellants, and James V. Aluisi, in his official capacity as Sheriff of Prince George's County; Susan Hoban, Deputy Sheriff; Edward King, Deputy Sheriff; The City of Hyattsville, Maryland, a public body corporate; Robert L. Perry, in his official capacity as Chief of Police of the City of Hyattsville Police Department; John Johnson, Police Officer; David J. Weir, Detective; Brian Waters, Detective; One Unnamed Officer, City of Hyattsville Police Department; Prince George's County, Maryland, a public body corporate; State of Maryland; Lorraine M. Kincaid; Alton Johnston; Raymond Roby, Sergeant; Lorraine Lynn, Sergeant; Thomas Barcenas, Officer; Mark Roski, Officer; John Heidenberg, Officer; Martha Atherholt, Officer, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1995.


Attorney(s) appearing for the Case

ARGUED: Lawrence Paul Fletcher-Hill, Assistant Attorney General, Baltimore, MD, for Appellants. Karl George Feissner, Feissner & Slatkin, Burtonsville, MD, for Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, MD, for Appellants. Judith Mauzaka, Feissner & Slatkin, Burtonsville, MD; Burton M. Weinstein, Weinstein, Weiner, Ignal, Vogel & Shapiro, P.C., Bridgeport, CT, for Appellees.

Before HALL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Dismissed by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge HALL and Judge MURNAGHAN joined.

OPINION

BUTZNER, Senior Circuit Judge:

Several Prince George's County, Maryland, deputy sheriffs, claiming qualified immunity, filed this interlocutory appeal to obtain reversal of the district court's denial of their motion for summary judgment. The complaint alleged that the deputies used excessive force in the seizure of a mentally...

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