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NIVENS v. GILCHRIST

No. 02-1176.

319 F.3d 151 (2003)

Kenneth Scott NIVENS, Individually and as representatives of a class pursuant to Rule 23, Fed.R.Civ.P.; Glen Lance Maners, Individually and as representatives of a class pursuant to Rule 23, Fed.R.Civ.P.; Terri Lynn Stork, Individually and as representatives of a class pursuant to Rule 23, Fed.R.Civ.P., Plaintiffs-Appellants, v. Peter S. GILCHRIST, III, In his official capacity as District Attorney for the 26th Prosecutorial District for the State of North Carolina, and as representative of a class pursuant to Rule 23, Fed.R.Civ.P., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 2003.

As Amended March 11, 2003.

Attorney(s) appearing for the Case

ARGUED: Aaron Edmund Michel, Charlotte, North Carolina, for Appellants. Norma Smithwick Harrell, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge KING joined.

OPINION

WILLIAMS, Circuit Judge.

Appellants Kenneth Scott Nivens, Glen Lance Maners, and Terri Lynn Stork brought an action in the United States District Court for the Western District of North Carolina, pursuant to 42 U.S.C.A. § 1983 (West Supp.2002) and the Federal Declaratory Judgment Act, 28 U.S.C.A. §§ 2201 and 2202 (West...

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