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TRULOCK v. FREEH

No. 00-2260.

275 F.3d 391 (2001)

Notra TRULOCK, III; Linda Conrad, Plaintiffs-Appellants, v. Louis J. FREEH, in his personal capacity; Neil Gallagher, in his personal capacity; Steve Dillard, in his personal capacity; Brian Halpin, in his personal capacity; Steven Carr, in his personal capacity; Jane Doe, I, in her personal capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 2001.

Attorney(s) appearing for the Case

ARGUED: Larry E. Klayman, Judicial Watch, Inc., Washington, DC, for Appellants. Richard Alan Olderman, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellees. ON BRIEF: Paul J. Orfanedes, Brett M. Wood, John L. Martin, Judicial Watch, Inc., Washington, DC, for Appellants. Stuart E. Schiffer, Acting Assistant Attorney General, Helen F. Fahey, United States Attorney, Barbara L. Herwig, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellees.

Before MICHAEL and GREGORY, Circuit Judges, and BENSON EVERETT LEGG, United States District Judge for the District of Maryland, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge LEGG wrote the opinion, in which Judge GREGORY joined. Judge MICHAEL wrote an opinion concurring in part and dissenting in part.

OPINION

LEGG, District Judge:

This case requires us to determine whether the Appellants' complaint, which the district court dismissed under FRCP 12(b)(6), alleges sufficient facts to proceed to discovery. We agree that their Fourth Amendment claims...

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