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SCHULTZ v. BRAGA

Nos. 05-1604, 05-1610.

455 F.3d 470 (2006)

Joseph C. SCHULTZ, Plaintiff-Appellee, and Kristen M. Harkum, Plaintiff, v. Christopher BRAGA, Defendant-Appellant, and Henry F. Hanburger; Lawrence S. Brosnan; Federal Bureau of Investigation, Defendants. Kristen M. Harkum, Plaintiff-Appellant, and Joseph C. Schultz, Plaintiff, v. Christopher Braga, Defendant-Appellee, and Henry F. Hanburger; Lawrence S. Brosnan; Federal Bureau of Investigation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 2006.

Attorney(s) appearing for the Case

ARGUED: Susan Quarngesser Amiot, Silverman, Thompson & White, L.L.C., Baltimore, Maryland, for Christopher Braga. Arnold Murray Weiner, Weiner & Weltchek, Lutherville, Maryland, for Joseph C. Schultz; Steven Aaron Allen, Hodes, Ulman, Pessin & Katz, P.A., Towson, Maryland, for Kristen M. Harkum. ON BRIEF: Andrew C. White, Donna M.B. King, Silverman, Thompson & White, L.L.C., Baltimore, Maryland, for Appellant/Cross-Appellee Christopher Braga. Barry L. Gogel, David M. Kowitz, Weiner & Weltchek, Lutherville, Maryland, for Appellee Joseph C. Schultz.

Before WILKINSON and TRAXLER, Circuit Judges, and RICHARD L. WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINSON and Judge WILLIAMS joined.

OPINION

TRAXLER, Circuit Judge.

Plaintiffs Joseph Schultz and Kristen Harkum brought these actions against Special Agent Christopher Braga of the Federal Bureau of Investigation, alleging that Agent Braga unconstitutionally employed excessive force against them when he shot Schultz, who was seated next to Harkum in the passenger seat...

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