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SHORT v. SMOOT

No. 05-1284.

436 F.3d 422 (2006)

Mary SHORT, Individually and as the Administratrix of the Estate of Thomas Lee Short, Sr., Deceased, Plaintiff-Appellee, v. William SMOOT, Deputy; Michael Beatty, Deputy; Troy Oakes, Deputy; George Lewis, Deputy; Harry Ferguson, Deputy, Defendants-Appellants, and Daniel T. McEathron, Sheriff; Kurt Kensy, Deputy; Jeremy Seal, Deputy, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 2006.

Attorney(s) appearing for the Case

ARGUED: Brian Keith Brake, Keeler Obenshain, P.C., Harrisonburg, Virginia, for Appellants. Blair Duncan Howard, Howard, Morrison & Howard, Warrenton, Virginia, for Appellee. ON BRIEF: Patrick C. Asplin, Keeler Obenshain, P.C., Harrisonburg, Virginia, for Appellants. Christopher T. Whelan, Paul A. Morrison, Howard, Morrison & Howard, Warrenton, Virginia, for Appellee.

Before WILKINS, Chief Judge, GREGORY, Circuit Judge, and WALTER D. KELLEY, Jr., United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Chief Judge WILKINS wrote the majority opinion, in which Judge KELLEY joined. Judge GREGORY wrote an opinion concurring in part and dissenting in part.

OPINION

WILKINS, Chief Judge.

Warren County, Virginia Sheriff's Deputies William Smoot, Michael Beatty, Troy Oakes, George Lewis, and Harry Ferguson (collectively, "Appellants") appeal a district court order denying their motion...

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