United States Fourth Circuit

Denial of summary judgment for defendant FBI special agent regarding one plaintiff is affirmed as there remain genuine issues of material fact. Grant of summary judgment for defendant as to other plaintiff, based on finding of qualified immunity, is affirmed as plaintiff could not prevail on her claim of excessive force because she was not "seized" by the special agent within the meaning of the Fourth Amendment.

Appellate Information

• Argued 05/22/2006
• Decided 07/31/2006
• Published 07/31/2006

Judges

• Before WILKINSON and TRAXLER, Circuit Judges, and RICHARD L. WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Susan Quarngesser Amiot, Silverman, Thompson & White, L.L.C., Baltimore, Maryland, for Christopher Braga.  Arnold Murray Weiner, Weiner & Weltchek, Lutherville, Maryland, for Joseph C. Schultz;  Steven Aaron Allen, Hodes, Ulman, Pessin & Katz, P.A., Towson, Maryland, for Kristen M. Harkum.   ON BRIEF:  Andrew C. White, Donna M.B. King, Silverman, Thompson & White, L.L.C., Baltimore, Maryland, for Appellant/Cross-Appellee Christopher Braga.  Barry L. Gogel, David M. Kowitz, Weiner & Weltchek, Lutherville, Maryland, for Appellee Joseph C. Schultz.