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BOGART v. CHAPELL

No. 03-2092.

396 F.3d 548 (2005)

Judy BOGART, Plaintiff-Appellant, v. Robbie CHAPELL, in his individual and official capacities; York County Humane Society, in its individual and official capacities; York County Sheriff's Department; York County Animal Control; Kathy Sowell; Arthur Moore; Donald Barnett; M.B. Mabry; Lester Terry, in their individual and official capacities; Bruce M. Bryant, as Sheriff of York County; County Of York, Defendants-Appellees, and Della Martin; Darlene Steer, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 2, 2005.

Attorney(s) appearing for the Case

ARGUED: Kevin Roger Eberle, Rosen, Rosen & Hagood, L.L.C., Charleston, South Carolina, for Appellant. Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellees. ON BRIEF: Mary Ann Hall, Charleston, South Carolina, for Appellant. Terry B. Millar, Terry B. Millar, L.L.C., Rock Hill, South Carolina; R. Bryan Barnes, Thomas McRoy Shelley, III, Katherine B. Barroll, Rogers, Townsend And Thomas, P.C., Columbia, South Carolina, for Appellees.

Before Williams and King, Circuit Judges, and Louise W. Flanagan, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge FLANAGAN joined. Judge WILLIAMS wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

Judy Bogart appeals from the district court's award of summary judgment on her procedural due process claim, initiated under 42 U.S.C. § 1983, in connection with the euthanization of more than two hundred dogs and cats seized from her residential...

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