TAFT v. VINES

No. 94-2293.

83 F.3d 681 (1996)

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 May 14, 1996.


Attorney(s) appearing for the Case

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

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, sitting en banc.


Affirmed by published per curiam opinion. Judge MICHAEL wrote an opinion concurring in part and dissenting in part. Judge MURNAGHAN wrote a dissenting opinion, in which Judge ERVIN joined.

OPINION

PER CURIAM:

On July 30, 1993, the Appellants, Jeanette Teel Taft, Onte Taft, Kimberly Taft, Harry Teel, Jr., and Shamesa Teel, filed suit pursuant to 42 U.S.C. § 1983 against the Appellees, various Pitt County and City of Greenville law enforcement...

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