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PARRISH EX REL LEE v. CLEVELAND

Nos. 02-2306 to 02-2308.

372 F.3d 294 (2004)

Joseph R. PARRISH, Personal Representative of Tony Marcel LEE, deceased, Plaintiff-Appellee, v. Paul CLEVELAND, Defendant-Appellant, and Commonwealth of Virginia; Frank Newman; Kevin Baldassari; Kevin Ponsart; Paul Thompson; John Dooley; Kevin Garlow; Brian Wancik; County of Fairfax; John Thomas Manger, in his official capacity as Chief of the Fairfax County Police Department; Stan G. Barry, in his official capacity as the Sheriff of Fairfax County, Virginia; John Does 1-20; Jane Does 1-20, Defendants. Joseph R. Parrish, Personal Representative of Tony Marcel Lee, deceased, Plaintiff-Appellee, v. Paul Thompson; John Dooley, Defendants-Appellants, and Paul Cleveland; Commonwealth Of Virginia; Frank Newman; Kevin Baldassari; Kevin Ponsart; Kevin Garlow; Brian Wancik; County of Fairfax; John Thomas Manger, in his official capacity as Chief of the Fairfax County Police Department; Stan G. Barry, in his official capacity as the Sheriff of Fairfax County, Virginia; John Does 1-20; Jane Does 1-20, Defendants. Joseph R. Parrish, Personal Representative of Tony Marcel Lee, deceased, Plaintiff-Appellee, v. Kevin Garlow; Brian Wancik, Defendants-Appellants, and Paul Cleveland; Commonwealth of Virginia; Frank Newman; Kevin Baldassari; Kevin Ponsart; Paul Thompson; John Dooley; County of Fairfax; John Thomas Manger, in his official capacity as Chief of the Fairfax County Police Department; Stan G. Barry, in his official capacity as the Sheriff of Fairfax County, Virginia; John Does 1-20; Jane Does 1-20, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 18, 2004.

Attorney(s) appearing for the Case

ARGUED: Robert Marvel Ross, Assistant County Attorney, Office of the County Attorney, Fairfax, Virginia; John J. Brandt, Brandt, Jennings, Roberts & Snee, P.L.L.C., Falls Church, Virginia, for Appellants. Peter Christopher Grenier, Bode & Grenier, L.L.P., Washington, D.C., for Appellee. ON BRIEF: David P. Bobzien, County Attorney, Peter D. Andreoli, Jr., Deputy County Attorney, Office of the County Attorney, Fairfax, Virginia; James R. Parrish, Brandt, Jennings, Roberts & Snee, P.L.L.C., Falls Church, Virginia; David J. Fudala, Surovell, Markle, Isaacs, Davis & Levy, P.L.C., Fairfax, Virginia, for Appellants. Saul Jay Singer, Bode & Grenier, L.L.P., Washington, D.C., for Appellee.

Before LUTTIG, WILLIAMS, and KING, Circuit Judges.

Reversed and remanded with instructions by published opinion. Judge WILLIAMS wrote a separate opinion and announced the judgment at the court. Judge KING wrote an opinion concurring in the judgment. Judge LUTTIG wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Early in the evening of May 22, 2001, Fairfax County police officers arrested Tony Marcel Lee on suspicion of being drunk in public. After processing Lee at a substation and placing...

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