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BAILEY v. KENNEDY

Nos. 02-1761, 02-1818.

349 F.3d 731 (2003)

Michael BAILEY; Jane Bailey; Billy Bailey, Plaintiffs-Appellees, v. D.H. KENNEDY; D.B. Whitley; Mike Crisp; City of Hickory, Defendants-Appellants. Michael Bailey; Jane Bailey; Billy Bailey, Plaintiffs-Appellants, v. D.H. Kennedy; D.B. Whitley; Mike Crisp; City of Hickory, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2003.

Attorney(s) appearing for the Case

ARGUED: Robert Danny Mason, Jr., WOMBLE, CARLYLE, SANDRIDGE & RICE, P.L.L.C., Winston-Salem, North Carolina, for Appellants.

Stephen Luke Largess, FERGUSON, STEIN, CHAMBERS, WALLAS, ADKINS, GRESHAM & SUMTER, P.A., Charlotte, North Carolina, for Appellees.

ON BRIEF: James R. Morgan, Jr., WOMBLE, CARLYLE, SANDRIDGE & RICE, P.L.L.C., Winston-Salem, North Carolina, for Appellants.

Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge

Affirmed and remanded for further proceedings by published opinion. Judge WILLIAMS wrote the opinion, in which Judge TRAXLER and Senior Judge HAMILTON joined.

OPINION

WILLIAMS, Circuit Judge:

Officers D.H. Kennedy, D.B. Whitley, Mike Crisp, and the City of Hickory appeal the district court's denial of qualified immunity and public officers' immunity on several of Michael, Jane, and Billy Bailey's federal constitutional and state law claims. The Baileys...

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