SANTOS v. FREDERICK COUNTY BD. OF COM'RS

No. 12-1980.

725 F.3d 451 (2013)

Roxana Orellana SANTOS, Plaintiff-Appellant, v. FREDERICK COUNTY BOARD OF COMMISSIONERS; Charles Jenkins, Frederick County Sheriff, in his official and individual capacity; Jeffrey Openshaw, Frederick County Deputy Sheriff, in his official and individual capacity; Kevin Lynch, Frederick County Deputy Sheriff, in his official and individual capacity, Defendants-Appellees, and Julie L. Meyers, former Assistant Secretary for Homeland Security of Immigration and Customs Enforcement, in her official and individual capacity; Calvin McCormick, Field Office Director of the ICE Office of Detention and Removal, in his official and individual capacity; James A. Dinkins, Special Agent in Charge of the ICE Office of Investigations, Baltimore, MD, in his official and individual capacity, Defendants. Immigration Reform Law Institute, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 7, 2013.


Attorney(s) appearing for the Case

ARGUED: John Carney Hayes, Jr. , Nixon Peabody, LLP, Washington, D.C., for Appellant. Sandra Diana Lee , Karpinski, Colaresi & Karp, P.A., Baltimore, Maryland, for Appellees. ON BRIEF: Daniel Karp , Karpinski, Colaresi & Karp, Baltimore, Maryland, for Appellees. Michael M. Hethmon , Garrett R. Roe , Immigration Reform Law Institute, Washington, D.C., for Amicus Supporting Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge DAVIS and Judge SPENCER concurred.


WYNN, Circuit Judge:

Plaintiff Roxana Orellana Santos appeals the dismissal of her 42 U.S.C. § 1983 action against the Frederick County (Maryland) Board of Commissioners, the Frederick County Sheriff, and two deputy sheriffs. Santos alleged that the deputies violated her Fourth Amendment rights when, after questioning her outside of her workplace, they arrested her on an outstanding civil warrant for removal issued by...

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