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UNITED STATES v. PERKINS

No. 05-4798.

470 F.3d 150 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Robert PERKINS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 29, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael Oliver Hueston, New York, New York, for Appellant. Christopher Chen-Hsin Wang, United States Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for Appellee. ON BRIEF: Richard H. Rosenberg, New York, New York, for Appellant. Bradley J. Schlozman, Acting Assistant Attorney General, David K. Flynn, United States Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for Appellee.

Before WILLIAMS and GREGORY, Circuit Judges, and THOMAS E. JOHNSTON, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge GREGORY and Judge JOHNSTON joined.

OPINION

WILLIAMS, Circuit Judge:

Michael Perkins, a Petersburg, Virginia city police officer, was convicted by a jury of kicking and causing bodily injury under color of law to Lamont Koonce, a motorist stopped for a traffic violation who fled from the police, thus willfully depriving Koonce of his constitutional right to be free from...

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