THURSTON v. FRYE

No. 21-1459.

99 F.4th 665 (2024)

David M. THURSTON, Plaintiff-Appellee, v. Kevin FRYE, Avery County Sheriff, in his official and individual capacity; Lee Buchanan, Captain, in his official and individual capacity, Defendants-Appellants, and Avery County Sheriff's Office, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: April 29, 2024.


Attorney(s) appearing for the Case

ARGUED: Sean Francis Perrin , WOMBLE BOND DICKINSON (US) LLP, Charlotte, North Carolina, for Appellants, James Elliott Field , J. ELLIOTT FIELD, JD, PLLC, Charlotte, North Carolina, for Appellee. ON BRIEF: Michael A. Ingersoll , WOMBLE BOND DICKINSON (US) LLP, Charlotte, North Carolina, for Appellants.

Affirmed by published opinion, Judge Richardson wrote the opinion, in which Judge Niemeyer and Judge Rushing joined.


Kevin Frye and Lee Buchanan appeal the district court's denial of their motion for summary judgment. They argue that they are entitled to qualified immunity because their arrest of David Thurston did not violate his Fourth Amendment rights. And even if it did, they say, it did not violate clearly established law. We disagree...

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