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BATTEN v. GOMEZ

No. 02-1087.

324 F.3d 288 (2003)

Lucinda Langdon BATTEN; Brittany Rose Langdon, a minor, by and through her guardian ad litem, Cynthia A. Singletary, Plaintiffs-Appellants, v. Steven GOMEZ, in his official and individual capacities as a Senior Investigator for the District Attorney of Riverside County, California; Sandra Shuster, in her official and individual capacities as Senior Investigator for the District Attorney of Riverside County, California, Defendants-Appellees, and Lee Guy, in his official and individual capacities as Deputy Sheriff of Bladen County, North Carolina; Larry Guyton, in his official and individual capacities as an Investigator for the Sheriff's Department in Bladen County, North Carolina; Steve Lesane, in his official and individual capacities as Deputy Sheriff of Bladen County, North Carolina; National Union Fire Insurance Company of Pittsburgh, Pennsylvania; The Insurance Company of North America, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 2003.

Attorney(s) appearing for the Case

ARGUED: Richard Brooks Glazier, Beaver, Holt, Sternlicht, Glazier, Carlin, Britton & Courie, P.A., Fayetteville, North Carolina, for Appellants. Andrew John Hanley, Crossley, McIntosh, Prior & Collier, Wilmington, North Carolina, for Appellees. ON BRIEF: H. Gerald Beaver, Beaver, Holt, Sternlicht, Glazier, Carlin, Britton & Courie, P.A., Fayetteville, North Carolina, for Appellants.

Before LUTTIG and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.

OPINION

HAMILTON, Senior Circuit Judge.

On September 7, 1999, the plaintiffs, Lucinda Langdon Batten (Batten) and her daughter, Brittany Rose Langdon (Brittany), by and through her guardian ad litem (Cynthia Singletary), brought this action against three deputies with the Bladen County...

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