TAFT v. VINES

No. 94-2293.

70 F.3d 304 (1995)

Jeanette Teel TAFT, individually and as guardian ad litem for minor children, Onte Taft and Kimberly Taft; Onte Taft, minor; Kimberly Taft, minor; Harry Teel, Sr., as guardian ad litem for minor children, Harry Teel, Jr., and Shamesa Teel; Harry Teel, Jr., minor; Shamesa Teel, minor, Plaintiffs-Appellants, v. Terry VINES, Deputy Sheriff of Pitt County, in his position as Deputy Sheriff and in his individual capacity; Troy Boyd, in his official and individual capacity as a law enforcement officer in and for the City of Greenville; Tim Peaden, in his official and individual capacity as a law enforcement officer in and for the City of Greenville; Johnny Craft, in his official and individual capacity as a law enforcement officer in and for the City of Greenville; Benny Dobbs, in his official and individual capacity as a law enforcement officer in and for the City of Greenville, Defendants-Appellees, and Billy L. Vanderford, Sheriff of Pitt County in his capacity as Sheriff and in his individual capacity; City of Greenville; Nancy Jenkins, Mayor, in her official and individual capacity; Charles Hinman, Chief of Police, City of Greenville, in his official capacity; Kevin M. Smeltzer, Police Officer of the City of Greenville, in his official and individual capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided November 16, 1995.

Rehearing Granted; Opinion Vacated January 4, 1996.


Attorney(s) appearing for the Case

ARGUED: Robert Lee White, White & Shearin-White, Greenville, North Carolina, for Appellants. Kenneth Ray Wooten, John Randolph Green, Jr., Ward & Smith, P.A., New Bern, North Carolina, for Appellees.

Before MURNAGHAN and MOTZ, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.


Rehearing In Banc Granted; Opinion Vacated January 4, 1996.

Affirmed in part and reversed in part by published opinion. Judge MURNAGHAN wrote the opinion, in which Senior Judge YOUNG joined. Judge MOTZ wrote an opinion concurring in part and dissenting in part.

OPINION

MURNAGHAN, Circuit Judge:

The case before us presents issues arising from allegations by Appellants, Jeanette Teel Taft, Onte Taft, Kimberly Taft, Harry Teel, Jr., and Shamesa...

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