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FUNN v. WINSTON

No. 79-1005.

612 F.2d 880 (1980)

Walter FUNN, Appellant, v. Andrew J. WINSTON, Individually and in his official capacity as City Sergeant for the City of Richmond, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1980.

Attorney(s) appearing for the Case

Sa'ad El-Amin, Richmond, Va. (Sa'ad El-Amin & Associates, Richmond, Va., on brief), for appellant.

Stacy F. Garrett, III, Commonwealth Atty., Richmond, Va. (James W. Hopper, Baugh, Horwitz & Hopper, Richmond, Va., on brief), for appellee.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

PER CURIAM:

Walter J. Funn, a former deputy sheriff at the Richmond City Jail, appeals the district court's order granting his former employer, Andrew J. Winston, Sheriff of the City of Richmond, summary judgment on Funn's claim under 42 U.S.C. § 1983 that he was discharged in violation of his constitutional rights. Sheriff Winston discharged Funn because Funn refused to dismiss a criminal assault warrant he had filed against a prisoner. We affirm.

Funn...

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