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WILSON v. LAYNE

Nos. 96-1188, 96-1185.

110 F.3d 1071 (1997)

Charles H. WILSON; Geraldine E. Wilson; Raquel Wilson, next friend/mother of Valencia Snowden, a minor, Plaintiffs-Appellees, v. Harry LAYNE, Deputy, United States Marshal, Supervisor for the Washington Area, Operation Gunsmoke; Joseph L. Perkins; James A. Olivo, Defendants-Appellants, and Raymond M. Kight, Sheriff, Montgomery County, Maryland; John Doe, Unknown Sheriff's Deputies; John Doe, Unknown U.S. Marshals; United States of America; Eric E. Runion; Mark A. Collins; Brian E. Roynestad, Defendants. Charles H. WILSON; Geraldine E. Wilson; Raquel Wilson, next friend/mother of Valencia Snowden, a minor, Plaintiffs-Appellees, v. Mark A. COLLINS; Eric E. Runion; Brian E. Roynestad, Defendants-Appellants, and Raymond M. Kight, Sheriff, Montgomery County, Maryland; John Doe, Unknown Sheriff's Deputies; Harry Layne, Deputy, United States Marshal, Supervisor for the Washington Area, Operation Gunsmoke; John Doe, Unknown U.S. Marshals; United States of America; Joseph L. Perkins; James A. Olivo, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1997.

Attorney(s) appearing for the Case

ARGUED: Richard Adams Cordray, Grove City, OH, for Appellants. ON BRIEF: Stuart M. Nathan, John B. Howard, Jr., Office of the Attorney General of Maryland, Baltimore, MD, for Appellants Collins, Runion, and Roynestad.

ARGUED: James Stephen Felt, Steptoe & Johnson, L.L.P., Washington, D.C., for Appellees. ON BRIEF: David H. Coburn, Steptoe & Johnson, L.L.P., Washington, D.C.; Richard Seligman, Washington, D.C.; Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, Washington, D.C., for Appellees.

Before RUSSELL and WILKINS, Circuit Judges, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.

Reversed by published opinion. Judge Wilkins wrote the majority opinion, in which Judge Herlong joined. Judge Russell wrote a dissenting opinion.

OPINION

WILKINS, Circuit Judge.

Charles H. Wilson and Geraldine E. Wilson (the Wilsons)1 brought this action against federal and state law enforcement officers and others not pertinent to this appeal. The Wilsons allege that their Fourth and Fourteenth Amendment rights were...

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