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RODRIGUEZ v. SMITHFIELD PACKING CO., INC.

Nos. 02-1835, 02-1893, 02-2024.

338 F.3d 348 (2003)

John Rene RODRIGUEZ; Rayshawn Ward, Plaintiffs-Appellees, v. SMITHFIELD PACKING COMPANY, INCORPORATED; Daniel M. Priest, Defendants-Appellants, and Lasaven Richardson, in his individual and official capacities as a Bladen County Deputy Sheriff; Terry C. Davis, in his individual and official capacities as a Bladen County Deputy Sheriff; Bryson Robinson, in his individual and official capacities as a Bladen County Deputy Sheriff; Gene Lambert, in his individual and official capacities as a Bladen County Deputy Sheriff; Bladen County Sheriff's Department; Peerless Insurance Company; The Insurance Company of North America, Defendants. John Rene Rodriguez; Rayshawn Ward, Plaintiffs-Appellants, v. Smithfield Packing Company, Incorporated; Daniel M. Priest, Defendants-Appellees, and Lasaven Richardson, in his individual and official capacities as a Bladen County Deputy Sheriff; Terry C. Davis, in his individual and official capacities as a Bladen County Deputy Sheriff; Bryson Robinson, in his individual and official capacities as a Bladen County Deputy Sheriff; Gene Lambert, in his individual and official capacities as a Bladen County Deputy Sheriff; Bladen County Sheriff's Department; Peerless Insurance Company; The Insurance Company of North America, Defendants. John Rene Rodriguez; Rayshawn Ward, Plaintiffs-Appellees, v. Daniel M. Priest; Lasaven Richardson, in his individual and official capacities as a Bladen County Deputy Sheriff; Terry C. Davis, in his individual and official capacities as a Bladen County Deputy Sheriff; Bryson Robinson, in his individual and official capacities as a Bladen County Deputy Sheriff; Gene Lambert, in his individual and official capacities as a Bladen County Deputy Sheriff; Bladen County Sheriff's Department, Defendants-Appellants, and Smithfield Packing Company, Incorporated; Peerless Insurance Company Surety; The Insurance Company of North America, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 30, 2003.

Attorney(s) appearing for the Case

ARGUED: Earle Duncan Getchell, Jr., McGUIREWOODS, L.L.P., Richmond, Virginia; Andrew John Hanley, CROSSLEY, McINTOSH, PRIOR & COLLIER, Wilmington, North Carolina, for Appellants.

Michael Griffin Okun, PATTERSON, HARKAVY & LAWRENCE, L.L.P., Raleigh, North Carolina, for Appellees.

ON BRIEF: Jeffrey S. Shapiro, Jonathan P. Harmon, McGUIREWOODS, L.L.P., Richmond, Virginia, for Appellants.

Ann E. Groninger, PATTERSON, HARKAVY & LAWRENCE, L.L.P., Raleigh, North Carolina, for Appellees.

Before WILKINSON and MOTZ, Circuit Judges, and Robert R. BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed in part and reversed in part by published opinion. Judge Wilkinson wrote the opinion, in which Judge Diana Gribbon Motz and Senior Judge Beezer joined.

OPINION

WILKINSON, Circuit Judge:

Plaintiffs John Rodriguez and Rayshawn Ward filed suit against Daniel Priest, Smithfield Packing Company, and several members of the Bladen County Sheriff's Department, alleging that they were unlawfully arrested in the wake of a unionization election at...

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