ALTMAN v. CITY OF HIGH POINT, N.C.

No. 02-1178.

330 F.3d 194 (2003)

Ann ALTMAN; Robert Altman; Kimberly Larsen; Wendy Frye; Gilbert Wallace,Plaintiffs-Appellees, v. CITY OF HIGH POINT, NORTH CAROLINA; Bobby Ray Perdue, in his individual and official capacities; Nelson Moxley, in his individual and official capacities, Defendants-Appellants, and Joni Chastain, in her individual and official capacities, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 20, 2003.


Attorney(s) appearing for the Case

ARGUED: James Redfern Morgan, Jr., Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellants. Brandon Claus Fernald, La Mesa, California, for Appellees. ON BRIEF: Robert D. Mason, Jr., Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellants. David Q. Burgess, Charlotte, North Carolina, for Appellees.

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.


Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS joined. Judge GREGORY wrote an opinion concurring in part and dissenting in part.

OPINION

LUTTIG, Circuit Judge:

This case arises out of several shooting incidents in the City of High Point, North Carolina (the "City" or "High Point"). In each incident, a High Point animal control officer shot and killed one or more dogs that were running at large in the city....

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