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GRAY v. FARLEY

Nos. 92-2584, 92-2585.

13 F.3d 142 (1993)

Robert M. GRAY, suing individually and by his next friend; Rosemary Gray, his mother, Plaintiffs-Appellants, v. Stephen FARLEY; Paul E. Waterson, Sheriff of Mason County, West Virginia; Delbert Harrison, Sheriff of Putnam County, West Virginia; Bobby E. Blankenship; William E. Gillispie, Defendants-Appellees, and Raymond Huck, individually, his next friend and/or Estate; John Does, A through and including J, presently unknown law enforcement officers employed by Putnam County, West Virginia; Nationwide Insurance Company; D. Michael Fewell, Committee for Raymond Huck, Defendants. Robert M. GRAY, suing individually and by his next friend; Rosemary Gray, his mother, Plaintiffs-Appellants, v. Stephen FARLEY; Paul E. Waterson, Sheriff of Mason County, West Virginia; Delbert Harrison, Sheriff of Putnam County, West Virginia; Bobby E. Blankenship; William E. Gillispie, Defendants-Appellees, and Raymond Huck, individually, his next friend and/or Estate; John Does, A through and including J, presently unknown law enforcement officers employed by Putnam County, West Virginia; Nationwide Insurance Company; D. Michael Fewell, Committee for Raymond Huck, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1993.

Attorney(s) appearing for the Case

Charles Amos Riffee, II, Caldwell, Cannon-Ryan & Riffee, Charleston, WV, argued, for appellants.

Stephen Mark Fowler, Cleek, Pullin & Bibb, Charleston, WV, argued (Jeffrey Wakefield, on brief), for appellee Waterson.

Before WILKINSON, Circuit Judge, SPROUSE, Senior Circuit Judge, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

SPROUSE, Senior Circuit Judge:

Robert Gray was convicted in the Circuit Court of Putnam County, West Virginia, of murdering an off-duty deputy sheriff after Gray's failed attempt at arson. After his conviction, Gray sued law enforcement officers of Putnam and Mason Counties, West Virginia, and other persons, alleging violations of 42 U.S.C. §§ 1983, 1985, 1986, and 1988, the West Virginia Constitution, and West Virginia law. His claims...

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