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RENN v. GARRISON

No. 95-1321.

100 F.3d 344 (1996)

Rebecca Courtney RENN, by and through her Guardians at Law; Michael RENN, individually and as Guardian at Law of Rebecca Courtney Renn; Rebecca Renn, individually and as Guardian at Law of Rebecca Courtney Renn, Plaintiffs-Appellees, v. Edward GARRISON, Director of the Pitt County Department of Social Services, individually and in his official capacity; Pitt County Department of Social Services, individually and in its official capacity; Peter Sword, individually and in his official capacity; Melanie Kee, individually and in her official capacity; Phyllis Thomas, individually and in her official capacity, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 12, 1996.

Attorney(s) appearing for the Case

ARGUED: Kenneth Ray Wooten, Ward & Smith, P.A., New Bern, NC, for Defendants-Appellants. Jeffery Benton Foster, Foster & Bradsher, Greenville, SC, for Plaintiffs-Appellees. ON BRIEF: Cheryl A. Marteney, Ward & Smith, P.A., New Bern, NC, for Defendants-Appellants. Wallace W. Bradsher, Jr., Tina L. Fisher, Foster & Bradsher, Greenville, SC, for Plaintiffs-Appellees.

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

OPINION

WIDENER, Circuit Judge:

Defendants-Appellants Pitt County, North Carolina Department of Social Services (DSS), Edward Garrison, the director of the DSS, and three DSS social workers, Peter Sword, Melanie Kee, and Phyllis Thomas, appeal the denial of their claims of qualified and absolute immunity, of their motion for a protective order, and to stay all matters relating to discovery. Plaintiffs are Michael and Rebecca Renn, husband and wife, of Greenville...

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