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McKINNEY v. RICHLAND COUNTY SHERIFF'S DEPT.

No. 05-6423.

431 F.3d 415 (2005)

James McKINNEY, Plaintiff-Appellee, v. RICHLAND COUNTY SHERIFF'S DEPARTMENT; Roy Livingston, Richland County Sheriff Department; Sheriff of Richland County, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 12, 2005.

Attorney(s) appearing for the Case

ARGUED: Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellants.

Donald Gist, Gist Law Firm, Columbia, South Carolina, for Appellee.

ON BRIEF: William H. Davidson, II, Robert D. Garfield, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellants.

DeAndrea Gist Benjamin, Gist Law Firm, Columbia, South Carolina; Ernest W. Cromartie, III, Cromartie Law Firm, L.L.P., Columbia, South Carolina, for Appellee.

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Plaintiff-appellee James McKinney claims that defendant-appellant Roy Livingston violated his clearly established Fourth Amendment rights by arresting him on two occasions pursuant to warrants that were not supported by probable cause. Livingston moved for summary judgment below on grounds of qualified immunity...

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