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MELGAR EX REL. MELGAR v. GREENE

No. 08-2393.

593 F.3d 348 (2010)

Jose R. MELGAR, parent and guardian of Oscar MELGAR, Plaintiff-Appellee, v. John GREENE, Officer; Montgomery County, Maryland, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 29, 2010.

Attorney(s) appearing for the Case

ARGUED: William Antoine Snoddy, Office of the County Attorney for Montgomery County, Maryland, Rockville, Maryland, for Appellants. Terrell Roberts, Roberts & Wood, Riverdale, Maryland, for Appellee. ON BRIEF: Leon Rodriguez, County Attorney, Marc P. Hansen, Deputy County Attorney, Edward B. Lattner, Chief, Division of Human Resources & Appeals, Office of the County Attorney For Montgomery County, Maryland, Rockville, Maryland, for Appellants.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge AGEE joined. Judge MICHAEL wrote a separate opinion dissenting in part and concurring in part.

OPINION

WILKINSON, Circuit Judge:

In this case, we address the Fourth Amendment claim of a lost and intoxicated thirteen-year-old boy who was accidentally bitten by a police patrol dog used by an officer to find him. The boy's father, Appellee Jose Melgar, sued the canine officer under 42 U.S.C. § 1983 and sued the officer and the police department under Article 26 of the Maryland Declaration of Rights. While we cannot accept the officer's contentions...

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