RILEY v. DORTON

No. 94-7120.

115 F.3d 1159 (1997)

Charles Richard RILEY, Plaintiff-Appellant, v. James M. DORTON, Defendant-Appellee, South Carolina Sheriff's Association; J. Al Cannon, Sheriff of Charleston, South Carolina; Virginia Department of Corrections; Virginia Sheriffs Association; Virginia Association of Chiefs of Police; Virginia State Police Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1997.


Attorney(s) appearing for the Case

ARGUED: Steven H. Goldblatt, Director, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for Appellant. Joseph Paul Rapisarda, Jr., County Attorney, County of Henrico, Virginia, Richmond, VA, for Appellees. Sandra J. Senn, Stuckey & Senn, Charleston, SC, for amici curiae South Carolina Sheriff's Association and Cannon. ON BRIEF: Michelle J. Anderson, Supervising Attorney, Mary J. Clark, Supervising Attorney, Ellen R. Finn, Supervising Attorney, Joseph C. Brandt, Student Counsel, Ajay K. Gambhir, Student Counsel, Gregory C. Lisa, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, DC, for Appellant. James T. Moore, III, Assistant County Attorney, County of Henrico, Virginia, Richmond, VA, for Appellees. Stephanie P. McDonald, Stuckey & Senn, Charleston, SC, for amici curiae South Carolina Sheriff's Association, et al. James S. Gilmore, III, Attorney General, Mark R. Davis, Senior Assistant Attorney General, Lance B. Leggitt, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for amicus curiae Department of Corrections. Patrick A. O'Hare, Walter A. Marston, Jr., Hazel & Thomas, Richmond, VA, for amici curiae Virginia Sheriffs Association, et al.

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 opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judges DONALD S. RUSSELL, WIDENER, WILKINS, NIEMEYER, HAMILTON, LUTTIG, and WILLIAMS joined. Judge HAMILTON wrote a concurring opinion. Judge MICHAEL wrote a dissenting opinion, in which Judges K.K. HALL, MURNAGHAN, ERVIN, and DIANA GRIBBON MOTZ joined.

OPINION

WILKINSON, Chief Judge:

Pretrial detainee Charles Riley sued Henrico County police detective James...

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