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DOE v. BRODERICK

Nos. 99-1893, 99-1894.

225 F.3d 440 (2000)

John DOE, Plaintiff-Appellee, v. Garrett G. BRODERICK, Defendant-Appellant, and Unknown Police Officers, John Doe 1 Through 20, Fairfax County Police Officers, Fairfax County Police Department, Individually and in their Official Capacities; County of Fairfax, Virginia, Defendants. John Doe, Plaintiff-Appellant, v. County of Fairfax, Virginia, Defendant-Appellee, and Garrett G. Broderick; Unknown Police Officers, John Doe 1 Through 20, Fairfax County Police Officers, Fairfax County Police Department, Individually and in their Official Capacities, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 29, 2000

Attorney(s) appearing for the Case

ARGUED: David John Fudala, Fairfax, Virginia, for Appellant. Robert Marvel Ross, Assistant County Attorney, Fairfax, Virginia, for Appellee County; Joseph John McCarthy, Delaney, McCarthy, Colton & Botzin, P.C., Alexandria, Virginia, for Appellee Doe. ON BRIEF: David P. Bobzien, County Attorney, Robert Lyndon Howell, Deputy County Attorney, Fairfax, Virginia, for Appellee County.

Before WILKINSON, Chief Judge, and WILLIAMS and TRAXLER, Circuit Judges.

OPINION

TRAXLER, Circuit Judge:

John Doe brought an action against Detective Garrett G. Broderick, see 42 U.S.C.A. § 1983 (West Supp 1998), alleging that Detective Broderick violated Doe's rights under the Fourth Amendment and under federal statutory law when Detective Broderick, without probable cause, entered the file room of a substance abuse treatment clinic and searched Doe's confidential treatment records along with numerous other patients...

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