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WINGATE v. FULFORD

No. 19-1700.

987 F.3d 299 (2021)

George WINGATE, Plaintiff-Appellant, v. Scott FULFORD; Dimas Pinzon, Defendants-Appellees, and S. A. Fulford, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: February 4, 2021.

Amended: February 5, 2021.

Attorney(s) appearing for the Case

ARGUED: Victor M. Glasberg , VICTOR M. GLASBERG & ASSOCIATES, Alexandria, Virginia, for Appellant. Alexander Francuzenko , COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees. ON BRIEF: Bernadette E. Valdellon , VICTOR M. GLASBERG & ASSOCIATES, Alexandria, Virginia, for Appellant. Michael D. Arena , COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees.

Affirmed in part, reversed in part, vacated in part, and remanded with instructions by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Niemeyer and Judge Richardson joined. Judge Richardson wrote a concurring opinion.

George Wingate III was driving down Jefferson Davis highway around 2 a.m. one morning when his check engine light came on. Mr. Wingate pulled his car over near a streetlight to look under the hood. A Stafford County deputy patrolling the area, Deputy Scott Fulford, saw Mr. Wingate's vehicle. Suspecting the car was disabled...

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