Wednesday, July 14, 2004

Fourth go-round on qualified immunity ends in favor of deputy in shooting case

In Martin v. Bushong, the Fourth Circuit in a per curiam decision for the panel of Chief Judge Wilkins, Judge Motz, and Judge Beam sitting by designation, held that a deputy sheriff was entitled to qualified immunity in a section 1983 case related to a fatal shooting. The case had been argued twice in the District Court on motions for summary judgment and this was the second appeal to the Fourth Circuit on qualified immunity, all before trial on the merits.

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