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NORWOOD v. BAIN

Nos. 96-2164, 96-2184.

143 F.3d 843 (1998)

Joseph H. NORWOOD, individually and as representative of a class of citizens, Plaintiff-Appellant, v. W.C. BAIN, Jr., individually and in his official capacity as Director of Public Safety for the City of Spartanburg Police Department; City of Spartanburg, Defendants-Appellees. Joseph H. NORWOOD, individually and as representative of a class of citizens, Plaintiff-Appellee, v. W.C. BAIN, Jr., individually and in his official capacity as Director of Public Safety for the City of Spartanburg Police Department; City of Spartanburg, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 13, 1998.

Rehearing Granted; Opinion Vacated July 9, 1998.

Attorney(s) appearing for the Case

ARGUED: W. Gaston Fairey, Fairey, Parise & Mills, P.A., Columbia, SC, for Appellant. Andrew Frederick Lindemann, Ellis, Lawhorne, Davidson & Sims, P.A., Columbia, SC, for Appellees. ON BRIEF: Rochelle R. McKim, Fairey, Parise & Mills, P.A., Columbia, SC, for Appellant. William H. Davidson, II, James M. Davis, Jr., Ellis, Lawhorne, Davidson & Sims, P.A., Columbia, SC; H. Spencer King, III, Cathy Hoefer Dunn, Leatherwood, Walker, Todd & Mann, P.C., Spartanburg, SC, for Appellees.

Before WILKINS and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing En Banc Granted; Opinion Vacated July 9, 1998.

Affirmed in part, vacated and remanded in part by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge MICHAEL joined. Judge WILKINS wrote an opinion concurring in part and dissenting in part.

OPINION

PHILLIPS, Senior Circuit Judge:

Joseph H. Norwood, individually and as representative of a class, brought this § 1983 action challenging police conduct at a...

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