United States Fourth Circuit

Appeal of denial of motion to dismiss claiming qualified immunity is: 1) dismissed as to one defendant for lack of standing; and 2) denied as to the other defendants at the Rule 12(b)(6) stage of the proceedings.

Appellate Information

• Argued 02/03/2005
• Decided 05/11/2006
• Published 05/11/2006

Judges

• Before WIDENER and KING, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Charles R. Bailey, Bailey & Wyant, P.L.L.C., Charleston, West Virginia, for Appellants.  Jason Eskwith Huber, Forman & Huber, L.C., Charleston, West Virginia, for Appellee.   ON BRIEF:  Cheryl L. Connelly, Edward M. Kowal, Jr., Campbell, Wood, Bagley, Emerson, McNeer & Herndon, Huntington, West Virginia, for Appellant Bob Pruett.