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MENSH v. DYER

No. 90-2913.

956 F.2d 36 (1991)

James W. MENSH, Bennie P. Mensh, Plaintiffs-Appellees, v. R.A. DYER, M.G. Tsoleas, Jr., C.M. Chidester, Jr., Defendants-Appellants, and Ted Banholzer, Gerald C. Fayed, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided November 21, 1991.

Amended by Order January 13, 1992.

Attorney(s) appearing for the Case

Gregory E. Lucyk, Sr. Asst. Atty. Gen., Richmond, Va., argued (Mary Sue Terry, Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., on brief), for defendants-appellants.

Clifford Lee Harrison, Stone, Hamrick, Harrison & Turk, P.C., Radford, Va., argued (Daniel D. Hamrick, on brief), for plaintiffs-appellees.

Before HALL, Circuit Judge, STAKER, District Judge for the Southern District of West Virginia, sitting by designation, and KAUFMAN, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

STAKER, District Judge:

In the early morning hours of April 4, 1989, a joint state and federal arrest team attempted to execute a warrant against James William Mensh at his home in Christiansburg, Virginia. It was a case of mistaken identity; the warrant was meant for his son, who has the same name. As a result of that incident, James and Bennie Mensh brought a federal civil rights action, and related state claims, against three state police officers...

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