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TURNER v. THOMAS

No. 18-1733.

930 F.3d 640 (2019)

Robert Sanchez TURNER, Plaintiff-Appellant, v. Al THOMAS, Jr., in his individual capacity and his official capacity as Chief of Charlottesville Police Department; City of Charlottesville, Virginia; W. Steven Flaherty, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 19, 2019.

Attorney(s) appearing for the Case

ARGUED: Dallas S. LePierre , NEXUS DERECHOS HUMANOS ATTORNEYS, INC., Atlanta, Georgia, for Appellant. Michelle Shane Kallen , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; David Patrick Corrigan , HARMAN CLAYTOR CORRIGAN & WELLMAN, P.C., Glen Allen, Virginia; Richard Hustis Milnor , ZUNKA, MILNOR & CARTER LTD, Charlottesville, Virginia, for Appellees. ON BRIEF: Mario B. Williams , NEXUS DERECHOS HUMANOS ATTORNEYS, INC., Atlanta, Georgia, for Appellants. Mark R. Herring , Attorney General, Samuel T. Towell , Deputy Attorney General, Erin McNeill , Assistant Attorney General, Toby J. Heytens , Solicitor General, Matthew R. McGuire , Principal Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee W. Steven Flaherty. Jeremy D. Capps , Douglas E. Pittman , HARMAN CLAYTOR CORRIGAN & WELLMAN, P.C., Glen Allen, Virginia, for Appellee Al Thomas, Jr.

Affirmed by published opinion. Judge Floyd wrote the opinion in which Judge Harris and Judge Richardson joined.

Appellant Robert Sanchez Turner was attacked by protesters at the "Unite the Right" rally on August 12, 2017 in Charlottesville, Virginia. Turner claims that, pursuant to a stand-down order under which police officers at the rally were instructed not to intervene in violence among protesters, officers watched his attack and...

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