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GOMEZ v. ATKINS

No. 01-2112.

296 F.3d 253 (2002)

Isidro GOMEZ; Linda L. Gomez, Wife, Plaintiffs-Appellees, v. W.J. ATKINS, in his official and individual capacity, Defendant-Appellant, and Earl Moose Butler, Sheriff of Cumberland County, in his official and individual capacity; H.R. Collins, in his official and individual capacity; Jerry D. Webster, in his individual capacity; Western Surety Company; Debra Koenig, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 2002.

Attorney(s) appearing for the Case

ARGUED Reginald B. Gillespie, Jr., Faison & Gillespie, Durham, North Carolina, for Defendant-Appellant. Carl Wesley Hodges, II, Shipman & Associates, L.L.P., Wilmington, North Carolina, for Plaintiffs-Appellees. ON BRIEF William C. Morgan, Jr., The Brough Law Firm, Chapel Hill, North Carolina, for Defendant-Appellant. Gary K. Shipman, Shipman & Associates, L.L.P., Wilmington, North Carolina, for Plaintiffs-Appellees.

Before WILKINSON, Chief Judge, KING, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Chief Judge WILKINSON and Judge HAMILTON joined. Judge HAMILTON wrote a separate concurring opinion.

OPINION

KING, Circuit Judge.

Appellee Isidro Gomez ("Isidro") initiated this proceeding in the Eastern District of North Carolina under the provisions of 42 U.S.C. § 1983. He contended that Sergeant W.J. Atkins of the Cumberland...

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