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WHITENER v. McWATTERS

No. 96-1515.

112 F.3d 740 (1997)

Steven D. WHITENER, Plaintiff-Appellant, v. David McWATTERS, Loudoun County Supervisor, Broad Run District; Scott K. York, Loudoun County Supervisor, Sterling District; Joan G. Rokus, Loudoun County Supervisor, Leesburg District; Eleanore C. Towe, Loudoun County Supervisor, Blue Ridge District; James G. Burton, Loudoun County Supervisor, Mercer District; Lawrence S. Beerman, II, Loudoun County Supervisor, Dulles District; Dale Polen Myers, Chairman at Large; Helen A. Markum, Loudoun County Supervisor, Catoctin District, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 30, 1997.

Attorney(s) appearing for the Case

ARGUED: John Henry Partridge, Herndon, Virginia, for Appellant. William Joseph Carter, Carr, Goodson, Lee & Warner, Washington, D.C., for Appellees. ON BRIEF: Samuel J. Smith, Jr., Carr, Goodson, Lee & Warner, Washington, D.C.; John David Grad, Grad, Logan & Klewans, P.C., Alexandria, Virginia, for Appellees.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge MURNAGHAN joined. Judge MOTZ wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge.

When the Loudoun County (Virginia) Board of Supervisors disciplined one of its members for confronting other members with abusive language, the disciplined member filed suit in federal court under 42 U.S.C. § 1983, alleging...

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