VATHEKAN v. PRINCE GEORGE'S COUNTY

No. 96-2246.

154 F.3d 173 (1998)

Esther VATHEKAN, Plaintiff-Appellant, v. PRINCE GEORGE'S COUNTY, Maryland; Jeffrey J. Simms, Defendants-Appellees, and The City of Takoma Park, Maryland; B.L. Rich; Unknown Officers, of the Prince George's County Police Department; Unknown Officers, of the City of Takoma Park Police Department, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 28, 1998.


Attorney(s) appearing for the Case

ARGUED: Terrell Non Roberts, III, Roberts & Wood, Riverdale, Maryland, for Appellant. John Anthony Bielec, Associate County Attorney, Upper Marlboro, Maryland, for Appellees. ON BRIEF: Christopher A. Griffiths, Roberts & Wood, Riverdale, Maryland, for Appellant. Barbara L. Holtz, Acting County Attorney, Sean D. Wallace, Deputy County Attorney, Upper Marlboro, Maryland, for Appellees.

Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Reversed and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINS and Senior Judge BUTZNER joined.

MICHAEL, Circuit Judge:

Esther Vathekan was mauled and disfigured by a police dog when a canine unit searched her house as she slept. She sued Corporal Jeffrey Simms, the officer conducting the search, and Prince George's County (Maryland) under 42 U.S.C. § 1983, contending that the dog's attack constituted excessive force...

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