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BRYANT v. STEPHAN

No. 20-4.

998 F.3d 128 (2021)

James Nathaniel BRYANT, III, Petitioner-Appellee, v. Warden Michael STEPHAN, Broad River Correctional Institution; Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 24, 2021.

Attorney(s) appearing for the Case

ARGUED: Michael D. Ross , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellants. Lindsey Vann , JUSTICE 360, Columbia, South Carolina, for Appellee. ON BRIEF: Alan Wilson , Attorney General, Donald J. Zelenka , Deputy Attorney General, Melody J. Brown , Senior Assistant Deputy General, Caroline Scrantom , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellants. Elizabeth Franklin-Best , ELIZABETH FRANKLIN-BEST, P.C., Columbia, South Carolina, for Appellee.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wynn joined. Judge Thacker wrote a dissenting opinion.

During a traffic stop in Horry County, South Carolina, James Bryant turned to the police officer, wrestled him to the ground, beat him unconscious with the officer's flashlight, and then, using the officer's pistol, shot the officer in the head. After a manhunt, Bryant was arrested...

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