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AIKENS v. INGRAM

No. 14-2419.

811 F.3d 643 (2016)

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, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 29, 2016.

Amended: February 1, 2016.

Attorney(s) appearing for the Case

ARGUED: William Woodward Webb, Sr. , Edmisten & Webb, Raleigh, North Carolina, for Appellant. Gerald Kevin Robbins , 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, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge THACKER wrote the opinion, in which Judge KING joined. Judge SHEDD wrote a separate concurring opinion.

Colonel Frederick Aikens ("Appellant") challenges the district court's grant of summary judgment on his 42 U.S.C. § 1983 claim in favor of two former members of the North Carolina Army National Guard, Adjutant General William E. Ingram ("Ingram") and Lieutenant Colonel Peter von Jess ("von Jess") (collectively, "Appellees...

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