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KNUSSMAN v. MARYLAND

No. 99-2349.

272 F.3d 625 (2001)

Howard Kevin KNUSSMAN, Plaintiff-Appellee, and Kimberly Ann Knussman, on behalf of themselves and their infant daughter, a/k/a Riley Paige Knussman, Plaintiff, v. State of MARYLAND; David B. Mitchell, Colonel, individually and in his official capacity as Superintendent; David Czorapinski, Captain, individually and in his official capacity as Assistant Commander of Aviation; Ronnie P. Creel, First Sergeant, individually and in his official capacity as Director of Flight Operations; Jill D. Mullineaux, Defendants-Appellants, and Maryland State Police, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 7, 2001.

Attorney(s) appearing for the Case

ARGUED: David Phelps Kennedy, Assistant Attorney General, Baltimore, MD, for Appellants. Robin R. Cockey, Cockey, Brennan & Maloney, Salisbury, MD, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Betty Stemley Sconion, Assistant Attorney General, Donald E. Hoffman, Assistant Attorney General, Baltimore, MD, for Appellants. Deborah A. Jeon, American Civil Liberties Union Foundation of Maryland, Centreville, MD; Sara L. Mandelbaum, American Civil Liberties Union, New York, NY, for Appellee.

Before WILLIAMS and TRAXLER, Circuit Judges, and LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge WILLIAMS joined. Judge LEE wrote an opinion concurring in part and dissenting in part.

OPINION

TRAXLER, Circuit Judge:

Howard Kevin Knussman, a trooper in the Maryland State Police, brought an action alleging that the State of Maryland and several individual employees of the Maryland State Police (collectively "the defendants...

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