ALI v. Raleigh County Sheriff's Department; Beckley Police Department; West Virginia State Police, Defendants. (2020)

United States Court of Appeals, Fourth Circuit.

Marquel ALI, Plaintiff - Appellant, v. RALEIGH COUNTY; Steven Tanner, individually and in his official capacity as Sheriff of Raleigh County; City of Beckley; Gary Epling, individually and in his official capacity as detective with the Raleigh County Sheriff's Department; David Snuffer, individually and in his official capacity as officer with the Beckley Police Department; Kenneth L. Pack, individually and in his official capacity as Corporal with the West Virginia State Police; Jason Redden, individually and in his official capacity as officer with the West Virginia Division of Corrections and subsequently Raleigh County Sheriff's Department, Defendants - Appellees, Raleigh County Sheriff's Department; Beckley Police Department; West Virginia State Police, Defendants.

No. 19-1651

Decided: July 31, 2020

Before GREGORY, Chief Judge, RICHARDSON, Circuit Judge, and SHEDD, Senior Circuit Judge.

Hoyt Glazer, LAW OFFICE OF HOYT GLAZER, PLLC, Huntington, West Virginia, for Appellant. Victor Flanagan, Kevin John Robinson, Jared Coy Underwood, Chip Edward Williams, PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Beckley, West Virginia; Michael Deering Mullins, Robert L. Bailey, STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellees.

Marquel Ali appeals the district court's order granting summary judgment to Defendants on Ali's claims that he was wrongfully arrested as a result of an improper investigation and prosecution, in violation of 42 U.S.C. § 1983 (2018), and related state law claims of abuse of process, malicious prosecution, negligent infliction of emotional distress, and intentional infliction of emotional distress. Ali also appeals the court's order denying leave to file a second amended complaint. We have reviewed the parties’ briefs and the joint appendix and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Ali v. Raleigh Cty., No. 5:17-cv-03386, 2018 WL 4390742, 2019 WL 2127319 (S.D.W. Va. Sept. 14, 2018 & May 15, 2019). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law