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SIMMONS v. POE

Nos. 94-1583, 94-1584 and 94-1648.

47 F.3d 1370 (1995)

James E. SIMMONS, Individually and on behalf of all those he represents, Plaintiff-Appellant, v. Vernon POE, Individually and in his official capacity as a deputy sheriff; L.E. McCann, Individually and in his official capacity as a Special Agent with the Virginia State Police; Carl R. Baker, Superintendent of the Virginia State Police, in his official capacity; M. Wayne Huggins, in his official capacity as Superintendent of the Virginia State Police, Defendants-Appellees, and Virginia State Police; Julian E. Boyer, Individually and in his official capacity as a Magistrate in Powhatan County, Virginia, Defendants. James E. SIMMONS, Individually and on behalf of all those he represents, Plaintiff-Appellee, v. Vernon POE, Individually and in his official capacity as a deputy sheriff, Defendant-Appellant, and L.E. McCann, Individually and in his official capacity as a Special Agent with the Virginia State Police; Virginia State Police; Carl R. Baker, Superintendent of the Virginia State Police, in his official capacity; Julian E. Boyer, Individually and in his official capacity as a Magistrate in Powhatan County, Virginia, Defendants. James E. SIMMONS, Individually and on behalf of all those he represents, Plaintiff-Appellee, v. L.E. McCANN, Individually and in his official capacity as a Special Agent with the Virginia State Police, Defendant-Appellant, and Virginia State Police; Carl R. Baker, Superintendent of the Virginia State Police, in his official capacity; Vernon E. Poe, Individually and in his official capacity as a deputy sheriff; Julian E. Boyer, Individually and in his official capacity as a Magistrate in Powhatan County, Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1995.

Attorney(s) appearing for the Case

ARGUED: Gerald Thomas Zerkin, Gerald T. Zerkin & Associates, Richmond, VA, for appellant. Barbara J. Gaden, Asst. Atty. Gen., Richmond, VA, Fred R. Kozak, Maloney, Yeatts & Barr, P.C., Richmond, VA, for appellees. ON BRIEF: Robert Godfrey, Liesl D. Wilke, Melanie A. Hopper, Gerald T. Zerkin & Associates, Richmond, VA, David P. Baugh, Richmond, VA, for appellant. James S. Gilmore, III, Atty. Gen., Gregory E. Lucyk, Sr. Asst. Atty. Gen., Lee Melchor, Asst. Atty. Gen., Richmond, VA, Archer L. Yeatts, III, Maloney, Yeatts & Barr, P.C., Richmond, VA, for appellees.

Before HALL and MURNAGHAN, Circuit Judges, and LAY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed in part and reversed in part by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge HALL and Senior Judge LAY joined.

OPINION

MURNAGHAN, Circuit Judge:

The instant appeal arises from an action by Appellant, James E. Simmons, an African-American resident of Powhatan County, Virginia, in which he alleged several violations of his rights under the Fourth, Thirteenth, and Fourteenth Amendments to the Constitution by the following...

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