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MORGAN v. TINCHER

No. 21-2060.

90 F.4th 172 (2024)

Frank MORGAN, Plaintiff-Appellant, v. J. D. TINCHER, individually and in his official capacity; Officer Kevin Conley, individually and in his official capacity, Defendants-Appellees, and Logan County Commission, A West Virginia county government; Logan County Sheriff Sonya M. Dingess-Porter, individually and in her official capacity; Deputy Barry Mynes, individually and in his official capacity; Deputy Joey Shepard, individually and in his official capacity; Deputy Nick Tucker, individually and in his official capacity; City of Logan/City of Logan Police Department, West Virginia municipal government/municipal governmental agency; City of Logan Police P. D. Clemens, individually and in his official capacity; Officers/Deputies John Doe, individually and in his official capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 3, 2024.

Attorney(s) appearing for the Case

ARGUED: Kerry Alexander Nessel , NESSEL LAW FIRM, Huntington, West Virginia, for Appellant. Drannon L. Adkins , PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Abraham J. Saad , GLAZER SAAD ANDERSON, Huntington, West Virginia, for Appellant. Wendy E. Greve , PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Charleston, West Virginia, for Appellees.

Reversed, vacated, and remanded with instructions by published opinion. Senior Judge Keenan wrote the opinion, in which Judge Thacker and Judge Quattlebaum joined.

The central issue in this appeal involves a discovery violation that was not revealed to the requesting party until near the end of trial. A jury found in favor of a police officer on allegations of excessive force and other claims. We consider whether the district court erred in denying the plaintiff...

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