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SLAUGHTER v. MAYOR AND CITY COUNCIL OF BALTIMORE

No. 10-2436.

682 F.3d 317 (2012)

Virginia Dean SLAUGHTER, Individually and as Personal Representative of the Estate of Racheal Michelle Wilson; C.W.R., by his father and next friend Adrian Richardson; P.J.D., by her father and next friend Larry Craig Davis, Jr., Plaintiffs-Appellants, v. MAYOR AND CITY COUNCIL OF BALTIMORE; Kenneth Hyde, in his official capacity as former Division Chief of the Baltimore City Fire Department; Joseph Crest, in his official capacity as former Lieutenant of the Baltimore City Fire Department; Barry Broyles, in his official capacity as former Lieutenant of the Baltimore City Fire Department, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 7, 2012.

Attorney(s) appearing for the Case

ARGUED: Paul David Bekman , Salsbury, Clements, Bekman, Marder & Adkins, Baltimore, Maryland, for Appellants. David Eugene Ralph , Baltimore City Department of Law, Baltimore, Maryland, for Appellees. ON BRIEF: Emily C. Malarkey , Salsbury, Clements, Bekman, Marder & Adkins, Baltimore, Maryland, for Appellants. Ashlea Brown , Amy Beth Leasure , Baltimore City Department of Law, Baltimore, Maryland, for Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DAVIS joined. Judge WYNN wrote a separate opinion concurring in the result.

OPINION

NIEMEYER, Circuit Judge:

After Racheal Wilson, a new recruit for the Baltimore City Fire Department, tragically died during a "live burn" training exercise, her survivors and estate commenced this action under 42 U.S.C. § 1983 against the Mayor and City Council of Baltimore,* alleging that the Baltimore City Fire Department violated Wilson's substantive due process rights by staging the exercise with deliberate...

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