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CARR v. DEEDS

Nos. 05-1472, 05-2186.

453 F.3d 593 (2006)

Sharon CARR, individually and as Administratrix of the Estate of Joshua Morgan, deceased, Plaintiff-Appellant, v. V.S. DEEDS, individually and as an agent of the State of West Virginia; Howard E. Hill, Jr., as Superintendent of the West Virginia State Police, in his official capacity; State of West Virginia, Defendants-Appellees, and T.D. Bradley, individually and as an agent of the State of West Virginia, Defendant. Sharon Carr, individually and as Administratrix of the Estate of Joshua Morgan, Plaintiff-Appellant, and Joshua Morgan, Deceased, Plaintiff, v. T.D. Bradley, individually and as an agent of the State of West Virginia; Howard E. Hill, Jr., as Superintendent of the West Virginia State Police, in his official capacity; State of West Virginia, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 2006.

Attorney(s) appearing for the Case

ARGUED: Paul Joseph Harris, Wheeling, West Virginia, for Appellant. Wendy Elizabeth Greve, Pullin, Fowler & Flanagan, P.L.L.C., Charleston, West Virginia, for Appellees. ON BRIEF: Rachel A. Martin, Wheeling, West Virginia, for Appellant. Gary E. Pullin, Pullin, Fowler & Flanagan, P.L.L.C., Charleston, West Virginia, for Appellees.

Before TRAXLER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge GREGORY and Senior Judge HAMILTON joined.

OPINION

TRAXLER, Circuit Judge.

Plaintiff Sharon Carr, individually and as administratrix of the estate of her son Joshua Morgan, brought this action under 42 U.S.C.A. § 1983 (West 2003), and various state law provisions, against the State of West Virginia, the Superintendent of the West Virginia State Police, and two of its...

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