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WITT v. WEST VIRGINIA STATE POLICE, TROOP 2

No. 10-1008.

633 F.3d 272 (2011)

Steven S. WITT, Plaintiff-Appellee, v. WEST VIRGINIA STATE POLICE, TROOP 2, Martinsburg, Berkeley County; J.J. Bowman, individually and in his Official Capacity; J.D. Burkhart, individually and in his Official Capacity; J.B. Flanigan, individually and in his Official Capacity, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 4, 2011.

Attorney(s) appearing for the Case

ARGUED: Jason Patrick Foster , Steptoe & Johnson, LLP, Martinsburg, West Virginia, for Appellants. Harry P. Waddell , Law Office Of Harry P. Waddell, Martinsburg, West Virginia, for Appellee. ON BRIEF: Lucien G. Lewin , Steptoe & Johnson, LLP, Martinsburg, West Virginia, for Appellants. David M. Hammer , Hammer, Ferretti & Schiavoni, Martinsburg, West Virginia, for Appellee.

Dismissed by published opinion. Judge MOTZ wrote the opinion, in which Judge AGEE and Judge KEENAN joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Steven Witt brought this § 1983 Fourth Amendment excessive force case against the West Virginia State Police and three troopers. After dismissing Witt's claims against the State Police and the troopers in their official capacity, the district court refused to grant summary judgment to the troopers in their individual capacity. Contending that qualified immunity protects...

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