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WALKER v. DONAHOE

No. 20-1547.

3 F.4th 676 (2021)

Michael WALKER, individually, Plaintiff-Appellant, v. B. E. DONAHOE, in his individual capacity, Defendant-Appellee, and B. W. Pauley, in his individual capacity, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 7, 2021.

Attorney(s) appearing for the Case

ARGUED: John Hague Bryan , JOHN H. BRYAN, ATTORNEY AT LAW, Union, West Virginia, for Appellant. Adam Ketner Strider , BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Charles R. Bailey , BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellees.

Affirmed by published opinion. Judge King wrote the majority opinion, in which Judge Keenan joined. Judge Richardson wrote an opinion concurring in the judgment.

Michael Walker initiated this 42 U.S.C. § 1983 action in late 2018 in the Southern District of West Virginia against Corporal Brian E. Donahoe of the Putnam County Sheriff's Department. Walker was stopped in Putnam County, West Virginia, in February 2018 while walking along a public road with an AR-15-style assault rifle...

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