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BLANKENSHIP v. MANCHIN

No. 06-1249.

471 F.3d 523 (2006)

Don BLANKENSHIP, Plaintiff-Appellee, v. Joe MANCHIN, III, in his individual capacity and in his official capacity as Governor of the State of West Virginia, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 20, 2006.

Attorney(s) appearing for the Case

ARGUED: Mitchell Eliot Zamoff, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant. Robert D. Luskin, Patton Boggs, L.L.P., Washington, D.C., for Appellee. ON BRIEF: Charles R. Bailey, Vaughn Sizemore, Bailey & Wyant, P.L.L.C., Charleston, West Virginia; Barbara H. Allen, Office of the Attorney General, Charleston, West Virginia; Adam K. Levin, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant. Patrick J. Slevin, Patton Boggs, L.L.P., Washington, D.C., for Appellee.

Before WILKINS, Chief Judge, GREGORY, Circuit Judge, and James R. SPENCER, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge SPENCER joined. Chief Judge WILKINS wrote a separate opinion concurring in the judgment.

OPINION

GREGORY, Circuit Judge.

This appeal requires us to determine whether a sitting governor is entitled to qualified immunity for allegedly threatening a political rival and prominent businessman during a press conference concerning a...

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