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E.W. BY AND THROUGH T.W. v. DOLGOS

No. 16-1608.

884 F.3d 172 (2018)

E.W., a minor, BY AND THROUGH her next friend and mother, T.W., Plaintiff-Appellant, v. Rosemary DOLGOS, School Resource Officer, in her individual capacity, Defendant-Appellee, and Wicomico County Sheriff's Department, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: February 12, 2018.

Attorney(s) appearing for the Case

ARGUED: Robin Ringgold Cockey , COCKEY, BRENNAN & MALONEY, PC, Salisbury, Maryland, for Appellant. John Francis Breads, Jr. , Hanover, Maryland, for Appellee. ON BRIEF: Laura E. Hay , COCKEY, BRENNAN & MALONEY, PC, Salisbury, Maryland, for Appellant.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn joined. Senior Judge Shedd wrote a separate opinion concurring in the judgment.

This matter involves a school resource officer's decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion...

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