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AIKENS v. INGRAM

No. 08-2278.

612 F.3d 285 (2010)

Frederick AIKENS, Plaintiff-Appellant, v. William E. INGRAM, Jr., individually and in his capacity as Adjutant General of the North Carolina Army National Guard; Peter Von Jess, individually and in his capacity as Lieutenant Colonel of the North Carolina National Guard; Brian McCarthy, individually and in his capacity as a member of the North Carolina Army National Guard; Paul Jones, individually and in his capacity as a member of the North Carolina Army National Guard, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 6, 2010.

Attorney(s) appearing for the Case

ARGUED: William Woodward Webb, Sr., Edmisten & Webb, Raleigh, North Carolina, for Appellant. John Foster Maddrey, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: William Woodward Webb, Jr., Edmisten & Webb, Raleigh, North Carolina, for Appellant. Roy Cooper, North Carolina Attorney General, W. Dale Talbert, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Senior Judge SILER joined. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Frederick Aikens, formerly a colonel in the North Carolina Army National Guard, commenced this action against his former colleagues, Adjutant General William Ingram and Lieutenant Colonel Peter von Jess, alleging that they violated his Fourth Amendment rights by wrongfully intercepting, reading, and forwarding his e-mails while he was deployed in Iraq. The district court dismissed...

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