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WILLIAMS v. HANSEN

No. 02-1573.

326 F.3d 569 (2003)

Gregory A. WILLIAMS; Virgil Hugh Reaves, Plaintiffs-Appellees, v. Ronald E. HANSEN, individually and in his official capacity as Police Chief, Defendant-Appellant, and The City of Fayetteville; Roger Stancil, individually and in his official capacity as City Manager; John Smith, individually and in his then official capacity as City Manager; Ron Robun, individually and in his official capacity as City Manager; Bradley Chandler, individually and in his official capacity as a City Police Officer; Richard Bryant, individually and in his official capacity as a City Police Officer; Katherine Guilette, individually and in her official capacity as a City Police Officer; Steve McIntosh, individually and in his official capacity as a City Police Officer; The Fayetteville City Council; Sherry Sparks, individually and in her official capacity as a City Police Officer, Defendants. The National Association of Police Organizations, Incorporated; National Association for the Advancement of Colored People, Fayetteville, North Carolina Branch, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 22, 2003.

Attorney(s) appearing for the Case

ARGUED: Steven Craig Lawrence, Anderson, Johnson, Lawrence, Butler & Bock, L.L.P., Fayetteville, North Carolina, for Appellant. James Harvestus Locus, Jr., Fayetteville, North Carolina, for Appellees. Joseph Michael McGuinness, The McGuinness Law Firm, Elizabethtown, North Carolina, for Amicus Curiae Police. ON BRIEF: William J. Johnson, National Association of Police Organizations, Inc., Washington, D.C., for Amicus Curiae Police. Dennis Courtland Hayes, Hannibal G. Williams II Kemerer, Baltimore, Maryland, for Amicus Curiae NAACP.

Before KING, Circuit Judge, HAMILTON, Senior Circuit Judge, and GREENBERG, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation.

Reversed and remanded by published opinion. Senior Judge GREENBERG wrote the opinion, in which Senior Judge HAMILTON joined. Judge KING wrote a dissenting opinion.

OPINION

GREENBERG, Senior Circuit Judge:

I. INTRODUCTION

This matter comes on before this court on defendant Ronald E. Hansen's appeal from an order entered in the district court on May 15, 2002, to the extent that the order denied Hansen's motion for summary judgment...

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