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RILEY v. DORTON

No. 94-7120.

93 F.3d 113 (1996)

Charles Richard RILEY, Plaintiff-Appellant, v. James M. DORTON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1996.

Rehearing Granted; Opinion Vacated October 10, 1996.

Attorney(s) appearing for the Case

ARGUED: Gregory C. Lisa, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for Appellant. Joseph Paul Rapisarda, Jr., County Attorney, County of Henrico, Richmond, Virginia, for Appellee. ON BRIEF: Steven H. Goldblatt, Director, Ellen R. Finn, Supervising Attorney, Ajay K. Gambhir, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for Appellant. James T. Moore, III, Assistant County Attorney, County of Henrico, Richmond, Virginia, for Appellee.

Before WILKINSON, Chief Judge, MICHAEL, Circuit Judge, and NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Rehearing In Banc Granted; Opinion Vacated October 10, 1996.

Reversed and remanded by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge NORTON joined. Chief Judge WILKINSON wrote a dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

Charles R. Riley sued James M. Dorton, a police detective, under 42 U.S.C. § 1983, alleging that Detective Dorton used excessive force against...

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