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JONES v. BUCHANAN

No. 01-2280.

325 F.3d 520 (2003)

Edward Arthur JONES, Plaintiff-Appellant, v. Richard BUCHANAN, individually and in his official capacity as Sheriff of Avery County; Lee Keller, individually and in his official capacity as a Deputy of the Avery County Sheriff's Department, Defendants-Appellees, and Eddie Hughes, individually and in his official capacity as a Deputy of the Avery County Sheriff's Department; Avery County, North Carolina, a Body Corporate and Politic, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 15, 2003.

Attorney(s) appearing for the Case

ARGUED: Eric Robert Bellas, Simpson, Kuehnert, Vinay & Bellas, P.A., Morganton, North Carolina, for Appellant. Rachel Ellen Daly, Womble, Carlyle, Sandridge & Rice, Winston-Salem, North Carolina, for Appellees. ON BRIEF: Daniel A. Kuehnert, Simpson, Kuehnert, Vinay & Bellas, P.A., Morganton, North Carolina; Robert M. Elliot, Elliot, Pishko, Gelbin & Morgan, P.A., Winston-Salem, North Carolina, for Appellant. Tyrus V. Dahl, Jr., James R. Morgan, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, North Carolina; Kimberly C. Stevens, Stevens & Withrow, P.L.L.C., Winston-Salem, North Carolina, for Appellees.

Before LUTTIG and MOTZ, Circuit Judges, and DAVIS, United States District Judge for the District of Maryland, sitting by designation.

Reversed and remanded by published opinion. Judge DIANA GRIBBON MOTZ wrote the majority opinion, in which Judge DAVIS joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This appeal arises out of an incident in which a North Carolina deputy sheriff knocked Edward Arthur Jones to the floor in the sheriff's office and then jumped on him, crushing Jones's nose, lacerating...

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