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DABABNAH v. KELLER-BURNSIDE

No. 99-1467.

208 F.3d 467 (2000)

Mousa I. DABABNAH, M.D., Plaintiff-Appellee, v. Kristen KELLER-BURNSIDE, Chief Assistant Prosecuting Attorney for Raleigh County, Beckley, WV 25801, Defendant-Appellant, and Anthony S. Reed, West Virginia Public Safety Department 19-21 By Pass Beckley, WV 25801; Craig A. Light, West Virginia Public Safety Department 19-21 By Pass Beckley, WV 25801; John Does, (3-5), Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 3, 2000

Attorney(s) appearing for the Case

Argued: Kenneth Eugene Knopf, Pullin, Knopf, Fowler & Flanagan, Beckley, West Virginia, for Appellant. John Christian Yoder, Harpers Ferry, West Virginia, for Appellee. On Brief: Eric A. Collins, Michael W. Blake, Pullin, Knopf, Fowler & Flanagan, Beckley, West Virginia, for Appellant. J. Thomas Burch, Jr., William T. Bennett, Burch & Cronauer, P.C., Washington, D.C., for Appellee.

Before WILKINSON, Chief Judge, and LUTTIG and MOTZ, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge LUTTIG joined. Judge DIANA GRIBBON MOTZ wrote an opinion concurring in the judgment.

OPINION

WILKINSON, Chief Judge:

Mousa Dababnah brought this § 1983 action against Kristen Keller-Burnside, the chief assistant prosecuting attorney for Raleigh County, West Virginia. Dababnah argues that Keller-Burnside violated his constitutional rights by requesting...

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