CLOANINGER EX REL. EST. OF CLOANINGER v. MCDEVITT

No. 07-2054.

555 F.3d 324 (2009)

Millie CLOANINGER, Administratrix of the ESTATE OF Ralph H. CLOANINGER, Plaintiff-Appellant, v. John T. McDEVITT, In his official capacity as Sheriff of Burke County, North Carolina; Yongla Lo, a/k/a Joe Lo, Individually and in his official capacity as Deputy Sheriff of Burke County, North Carolina; Steven Parlier, Individually and in his official capacity as Deputy Sheriff of Burke County, North Carolina; Liberty Mutual Insurance Company, as surety, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 9, 2009.


Attorney(s) appearing for the Case

ARGUED: Marc S. Gentile, Klein & Freeman, P.L.L.C., Charlotte, North Carolina, for Appellant. Sean Francis Perrin, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Charlotte, North Carolina, for Appellees. ON BRIEF: Paul I. Klein, Klein & Freeman, P.L.L.C., Charlotte, North Carolina, for Appellant.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge WILKINSON and Judge DUNCAN concurred.


OPINION

AGEE, Circuit Judge:

Ralph H. Cloaninger ("Cloaninger") brought this appeal from a magistrate judge's award of summary judgment in favor of the defendants to an action in which he alleged violations of the Fourth and Fourteenth Amendments under 42 U.S.C. § 1983 and presented several state tort claims.1 Because there is no genuine dispute of fact material to the defendants' qualified immunity to suit under §...

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