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DesROCHES BY DesROCHES v. CAPRIO

No. 97-2173.

156 F.3d 571 (1998)

James DesROCHES, II, a minor, by his father and next friend, James DesROCHES, Plaintiff-Appellee, v. Michael CAPRIO; Roy D. Nichols, Jr.; School Board of the City of Norfolk, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1998.

Attorney(s) appearing for the Case

ARGUED: Harold Phillip Juren, Senior Deputy City Attorney, Norfolk, Virginia, for Appellants. Mary Catherine Bauer, ACLU of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Jacob P. Stroman, IV, Deputy City Attorney, Norfolk, Virginia, for Appellants. Frank Morris Feibelman, Feibelman & Erdmann, Richmond, Virginia; Brett Loney, Segall & Moody, Newport News, Virginia, for Appellee.

Before MURNAGHAN and HAMILTON, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Reversed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge HAMILTON and Senior Judge MICHAEL joined.

OPINION

MURNAGHAN, Circuit Judge:

Appellants, Principal Michael Caprio, Superintendent Roy Nichols, Jr., and the City of Norfolk School Board, appeal the judgment of the district court finding a violation of the Fourth Amendment arising from the suspension of Appellee, James DesRoches, Jr. (DesRoches), following his refusal to...

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