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WATERMAN v. BATTON

No. 04-1096.

393 F.3d 471 (2005)

Michael R. WATERMAN, Personal Representative of the Estate of Josh T. Waterman, Deceased; Ruth G. Waterman; Roland M. Waterman, Plaintiffs-Appellees, v. Michael P. BATTON; Kenneth Keel; Christopher Heisey, Defendants-Appellants, and State of Maryland, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 3, 2005.

Attorney(s) appearing for the Case

ARGUED: Karen June Kruger, Assistant Attorney General, Office of the Attorney General, Baltimore, Maryland, for Appellants. John J. Connolly, Murphy & Shaffer, L.L.C., Baltimore, Maryland, for Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Michael D. Berman, Deputy Chief of Litigation, Baltimore, Maryland, for Appellants. William J. Murphy, Murphy & Shaffer, L.L.C., Baltimore, Maryland, for Appellees.

Before WILKINS, Chief Judge, MOTZ, Circuit Judge, and HUDSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Chief Judge WILKINS wrote the majority opinion, in which Judge HUDSON joined. Judge MOTZ wrote a dissenting opinion.

OPINION

WILKINS, Chief Judge.

Officers Michael Batton, Kenneth Keel, and Christopher Heisey of the Maryland Transportation Authority (MdTA) (collectively, "Appellants") appeal a district court order denying their motion for summary judgment based on qualified immunity in an action alleging...

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