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MORA v. CITY OF GAITHERSBURG, MD.

No. 06-2158.

519 F.3d 216 (2008)

Anthony Marc MORA, Plaintiff-Appellant, v. The CITY OF GAITHERSBURG, MARYLAND; Mary Ann Viverette, Chief, Gaithersburg City Police; Chris Bonvillain, Lieutenant, Gaithersburg City Police; R.N. Elliott, Lieutenant, Gaithersburg City Police; Patrick A. Word, Detective, ID # 7762, Gaithersburg City Police; Raymond K. Campbell, Officer, Gaithersburg City Police; P. Voit, Officer, Montgomery County Police Department; James Stadtler, PO I, ID # 9442, Montgomery County Police Department; Ken Elston, PO III, Montgomery County Police Department; Robert Utter, Corporal, Montgomery County Police Department; Eaton, Officer, Montgomery County Police Department; S. Scarff, Sergeant, Montgomery County Police Department; John Doe-I, Officer, Montgomery County Police Department; John Doe-II, Officer, Montgomery County Police Department; John Doe-III, Officer, Gaithersburg City Police; John Doe-IV, Officer, Gaithersburg City Police; John Doe-V, Deputy, Montgomery County Sheriff's Department; John Doe-VI, Deputy, Montgomery County Sheriff's Department, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 2008.

Attorney(s) appearing for the Case

ARGUED: Howard J. Fezell, Frederick, Maryland, for Appellant. Victoria Marie Shearer, Karpinski, Colaresi & Karp, P.A., Baltimore, Maryland; Sharon Veronica Burrell, County Attorney's Office, Rockville, Maryland, for Appellees. ON BRIEF: Richard T. Colaresi, Karpinski, Colaresi & Karp, P.A., Baltimore, Maryland, for City of Gaithersburg Appellees; Marc P. Hansen, Acting County Attorney, Patricia P. Via, Chief, Division of Litigation, County Attorney's Office, Rockville, Maryland, for Appellee Officer James Stadtler.

Before WILKINSON and SHEDD, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed as modified by published opinion. Judge WILKINSON wrote the opinion, in which Judge SHEDD and Judge JONES joined.

WILKINSON, Circuit Judge:

At Columbine High School in Littleton, in Blacksburg, Omaha, and Oklahoma City, America has had to learn how many victims the violence of just one or two outcasts can claim. These new predators are not terrorists in the ordinary sense; they are not linked to foreign powers or international organizations hostile...

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