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CYBERNET, LLC v. DAVID

No. 18-2420.

954 F.3d 162 (2020)

CYBERNET, LLC; Aladdin Real Estate, LLC, Plaintiffs-Appellants, v. Jonathan DAVID, in his personal capacity and his official capacity as District Attorney for the 13th Prosecutorial District of North Carolina; James McVicker, in his personal capacity an in his official capacity as Sheriff of Bladen County, North Carolina; Travis Deaver, in his personal capacity and his official capacity as a Deputy Sheriff of Bladen County, North Carolina, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 24, 2020.

Attorney(s) appearing for the Case

ARGUED: Keith P. Anthony , Raleigh, North Carolina, William J. Brian, Jr. , MORNINGSTAR LAW GROUP, Durham, North Carolina, for Appellants. Patrick Grayson Spaugh , WOMBLE BOND DICKINSON (US) LLP, Charlotte, North Carolina; James Wellner Doggett , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Christopher J. Geis , WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellees James McVicker and Travis Deaver.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Chief Judge Gregory and Judge Wynn joined.

This case concerns the execution of search warrants at two video sweepstakes stores in North Carolina owned or operated by appellants Cybernet, LLC and Aladdin Real Estate, LLC (hereinafter Cybernet). In the course of these searches, the deputies executing the warrants caused some damage, the nature and extent of which...

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