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DEAN FOR AND ON BEHALF OF HARKNESS v. McKINNEY

No. 19-1383.

976 F.3d 407 (2020)

Felicia Harkness DEAN, as Guardian and Conservator FOR AND ON BEHALF OF Janel HARKNESS, an incapacitated adult, Plaintiff-Appellee, v. Stephen B. MCKINNEY, Defendant-Appellant, and Chad McBride, in his official capacity as the Sheriff of Anderson County Sheriff's Office; The Anderson County Sheriff's Office, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: October 2, 2020.

Attorney(s) appearing for the Case

ARGUED: James William Logan, Jr. , LOGAN & JOLLY, LLP, Anderson, South Carolina, for Appellant. Jordan Christopher Calloway , MCGOWAN, HOOD & FELDER, LLC, Rock Hill, South Carolina, for Appellee. ON BRIEF: Stacey Todd Coffee , LOGAN & JOLLY, LLP, Anderson, South Carolina, for Appellant. Robert V. Phillips , MCGOWAN, HOOD & FELDER, LLC, Rock Hill, South Carolina, for Appellee.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Motz joined. Judge Richardson wrote a dissenting opinion.

This civil action arises out of claims for injuries suffered in an automobile collision. Stephen B. McKinney appeals the district court's denial of his motion for summary judgment based on qualified immunity. For the reasons stated below, we affirm the decision of the district court.

I.

On October 19, 2016...

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