WAYBRIGHT v. FREDERICK COUNTY, MD

No. 07-1289.

528 F.3d 199 (2008)

James WAYBRIGHT, as personal representative and co-executor of the estate of Andrew Waybright (deceased); Shirley Waybright, individually and as personal representative and co-executor of the estate of Andrew Waybright (deceased), Plaintiffs-Appellants, v. FREDERICK COUNTY, MARYLAND, Department of Fire & Rescue Services; Walter F. Murray, in his official capacity as Fire Emergency Director for the Frederick County Department of Fire & Rescue Services; Jeffrey Coombe, in his official capacity as training officer for the Frederick County Department of Fire & Rescue Services; Stanley Poole, in his official capacity as a member of the Frederick County Department of Fire & Rescue Services; Frederick County; Jan H. Gardner, in her individual and official capacity as a member of the Frederick County Board of Commissioners; David Gray, in his individual and official capacity as a member of the Frederick County Board of Commissioners; Andrew Marsh, in his individual and official capacity as an officer in the Frederick County Department of Fire & Rescue Services; Mark McNeal, in his individual and official capacity as an officer in the Frederick County Department of Fire & Rescue Services; Terre Rhoderick, in his individual and official capacity as a member of the Frederick County Board of Commissioners; John L. Thompson, JR., in his individual and official capacity as a member of the Frederick County Board of Commissioners; Richard Welden, in his individual and official capacity as a member of the Frederick County Board of Commissioners, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 2, 2008.


Attorney(s) appearing for the Case

ARGUED: Peter Tyler Enslein, Law Office of Peter T. Enslein, P.C., Washington, D.C., for Appellants. Thomas Vincent McCarron, Semmes, Bowen & Semmes, Baltimore, Maryland; Scott M. Hartinger, Ethridge, Quinn, McAuliffe, Rowan & Hartinger, Rockville, Maryland, for Appellees. ON BRIEF: Kenneth M. Berman, H. David Leibensperger, Berman, Sobin & Gross, L.L.P., Gaithersburg, Maryland; Patrick S. Guilfoyle, Law Office of Peter T. Enslein, P.C., Washington, D.C., for Appellants. Christopher J. Lyon, Semmes, Bowen & Semmes, Baltimore, Maryland, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge GREGORY joined.


OPINION

WILKINSON, Circuit Judge:

Andrew Waybright died by accident while training to join the Frederick County Fire Department in Maryland. His parents brought suit on state constitutional and tort law grounds — but also, with the same conduct in view, under 42 U.S.C. § 1983 and substantive due process. The § 1983 claims overreach; nothing defendants did rises to the level of a due process violation, and accidents in the main are a matter...

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