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BAME v. DILLARD

No. 09-5330.

637 F.3d 380 (2011)

Paul BAME, et al., Appellees v. Todd W. DILLARD, In his Official Capacity (Former United States Marshal for the District of Columbia), Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 25, 2011.

As Amended March 29, 2011.

Attorney(s) appearing for the Case

W. Mark Nebeker , Assistant U.S. Attorney, argued the cause for appellant. With him on the briefs were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Lynn E. Cunningham argued the cause for appellees. With him on the brief was Zachary Wolfe .

Dissenting opinion filed by Circuit Judge ROGERS.

GINSBURG, Circuit Judge:

The named plaintiffs filed this class action suit for damages against Todd Walther Dillard, a former United States Marshal for the Superior Court of the District of Columbia, claiming that, after being arrested during a demonstration in September 2002, they were unconstitutionally strip searched by Deputy U.S. Marshals under Dillard's direction. According to the plaintiffs, caselaw had by then clearly established that the Fourth Amendment...

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