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JEAN v. COLLINS

No. 95-7694.

155 F.3d 701 (1998)

Lesly JEAN, Plaintiff-Appellant, v. Delma COLLINS, Chief of Detectives of the City of Jacksonville, Individually; James Shingleton, Police Officer with the City of Jacksonville, North Carolina, Police Department, Individually, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1998.

Attorney(s) appearing for the Case

ARGUED: Richard Brooks Glazier, Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, P.A., Fayetteville, North Carolina, for Appellant. Kenneth Ray Wooten, Ward & Smith, P.A., New Bern, North Carolina, for Appellees. ON BRIEF: Rebecca J. Britton, Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, P.A., Fayetteville, North Carolina, for Appellant. John R. Green, Jr., Ward & Smith, P.A., New Bern, North Carolina, for Appellees.

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

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

OPINION

WILKINSON, Chief Judge:

We granted en banc review in...

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