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ATKINSON v. GODFREY

No. 23-1344.

LESLIE ATKINSON, Plaintiff-Appellee, v. BRENT GODFREY, In his individual capacity as a law enforcement officer with the Harnett County Sheriff's Office; WAYNE COATS, In his official capacity as Sheriff of Harnett County, North Carolina, Defendants-Appellants, and JOHN DOE, as Surety, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 2, 2024.

Attorney(s) appearing for the Case

Brian Florencio Castro , WOMBLE BOND DICKINSON (US) LLP, Raleigh, North Carolina, for Appellants.

Russell Snow Thompson, IV , THOMPSON CONSUMER LAW GROUP, PC, Scottsdale, Arizona, for Appellee.

Reversed and remanded in part, dismissed in part by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Wilkinson and Judge Rushing join. Judge Wilkinson wrote a concurring opinion.

The primary issue in this appeal is whether a law enforcement officer called to the scene of a private repossession of a vehicle is entitled to qualified immunity from a claim that the officer unreasonably seized the vehicle in violation of the Fourth Amendment. Neither the Supreme Court, our Court, the highest court...

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