JENKINS v. MEDFORD

No. 96-1650.

119 F.3d 1156 (1997)

Steven Douglas JENKINS; David Chris Bossard; William Martin Buckner; Robert Calvin Davis; Elmeda Miller Foster; Jimmy Lynn Hungerford; Linda Cook McDaniel; Randy Lee Moss; Sandy Hoglen Moss; Kimberly Diann Shelton, Plaintiffs-Appellees, v. Bobby Lee MEDFORD, Individually and in his official capacity as Sheriff of Buncombe County, North Carolina, Defendant-Appellant, and Reliance Insurance Company, Inc., a Pennsylvania Corporation, Defendant. American Federation of State, County and Municipal Employees, Southern States Police Benevolent Association, American Civil Liberties Union of North Carolina Legal Foundation, Incorporated, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1997.


Attorney(s) appearing for the Case

ARGUED: William Alfred Blancato, Bennett & Blancato, L.L.P., Winston-Salem, NC, for Appellant. C. Frank Goldsmith, Jr., Goldsmith & Goldsmith, P.A., Marion, NC, for Appellees. ON BRIEF: Tony Seaton, Lee P. Herrin, Johnson City, TN, for Appellees.

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


Reversed and remanded by published opinion. Judge DONALD S. RUSSELL wrote the majority opinion, in which Chief Judge WILKINSON, Judge WIDENER, Judge NIEMEYER, Judge WILKINS, Judge HAMILTON, Judge LUTTIG, and Judge WILLIAMS joined. Judge ERVIN wrote a dissenting opinion. Judge DIANA GRIBBON MOTZ wrote a dissenting opinion.

OPINION

DONALD S. RUSSELL, Circuit Judge.

Bobby Lee Medford ("Medford") was elected sheriff of Buncombe County, North Carolina...

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