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BONNER v. ANDERSON

No. 95-1705.

81 F.3d 472 (1996)

Joyce BONNER, Plaintiff-Appellee, v. D.R. ANDERSON, Deputy, and in his individual capacity, Defendant-Appellant, and Stan Beger, Captain, and in his individual capacity; Frank Cecil, in his individual capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 17, 1996.

Attorney(s) appearing for the Case

ARGUED: John Adrian Gibney, Jr., Shuford, Rubin & Gibney, P.C., Richmond, Virginia, for Appellant. Gerald Thomas Zerkin, Gerald T. Zerkin & Associates, Richmond, Virginia, for Appellee. ON BRIEF: Melanie A. Hopper, Robert Godfrey, Gerald T. Zerkin & Associates, Richmond, Virginia; John B. Boatwright, III, Boatwright & Linka, Richmond, Virginia, for Appellee.

Before WILKINSON, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Dismissed by published opinion. Senior Judge BUTZNER wrote the majority opinion, in which Judge HALL joined. Chief Judge WILKINSON wrote a dissenting opinion.

OPINION

BUTZNER, Senior Circuit Judge:

Claiming qualified immunity, D.R. Anderson, a deputy sheriff in Caroline County, Virginia, appeals the district court's interlocutory order that denied his motion for summary judgment. Because the pretrial record discloses a genuine issue of material fact...

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