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WILSON v. LAYNE

Nos. 96-1185, 96-1188.

141 F.3d 111 (1998)

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 8, 1998.

Attorney(s) appearing for the Case

ARGUED: Richard Adams Cordray, Grove City, OH, for Appellants. Richard Alan Seligman, Washington, DC, for Appellees. ON BRIEF: Stuart M. Nathan, John B. Howard, Jr., Office of the Attorney General of Maryland, Baltimore, MD, for Appellants. David H. Coburn, James S. Felt, Steptoe & Johnson, L.L.P., Washington, DC; Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, Washington, DC, for Appellees.

Before WILKINSON, Chief Judge, and WIDENER, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Reversed by published opinion. Judge WILKINS wrote the majority opinion, in which Chief Judge WILKINSON and Judges NIEMEYER, LUTTIG, and WILLIAMS joined. Judge WIDENER wrote a concurring opinion. Judge MURNAGHAN wrote a dissenting opinion, in which Judges ERVIN, HAMILTON, MICHAEL, and MOTZ joined.

OPINION

WILKINS, Circuit Judge:

Charles H. Wilson and Geraldine E. Wilson (the Wilsons)1 brought this action against federal...

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