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HULBERT v. POPE

No. 21-1608.

70 F.4th 726 (2023)

Clayton R. HULBERT, as personal representative of the Estate of Jeffrey W. Hulbert; Kevin Hulbert; Maryland Shall Issue, Inc., for itself and its members, Plaintiffs-Appellees v. Brian T. POPE, Sgt., Defendant-Appellant and Michael Wilson, Colonel, Defendant National Police Association, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 14, 2023.

Attorney(s) appearing for the Case

ARGUED: James Nelson Lewis , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellant. Cary Johnson Hansel, III , HANSEL LAW, P.C., Baltimore, Maryland, for Appellees. ON BRIEF: Brian E. Frosh , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellant. Robert S. Lafferrandre , Jeffrey C. Hendrickson , PIERCE COUCH HENDRICKSON BAYSINGER & GREEN, L.L.P., Oklahoma City, Oklahoma, for Amicus Curiae.

Reversed and remanded by published opinion. Judge Wilkinson wrote the opinion, in which Judge Agee and Judge Heytens joined.

Sergeant Brian Pope, a Maryland Capitol Police officer, appeals the district court's denial of qualified immunity on several First and Fourth Amendment claims brought by picketers whom he arrested on the sidewalk outside the Maryland State House. Pope arrested the picketers after they disobeyed his orders to back up off...

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