United States Fourth Circuit

In a 42 U.S.C. section 1983 action claiming that defendant-city's police performed racially discriminatory searches, district court's denial of class certification is affirmed where plaintiff had little interest in or knowledge and understanding of the case, and appeared to be merely lending his name to the suit. Dismissal of plaintiff's Fourth Amendment and equal protection claims is affirmed where: 1) plaintiff's subjective beliefs were irrelevant in assessing whether a reasonable person would have felt free to terminate his encounter with the police; and 2) the city did not classify plaintiff on the basis of his race.

Appellate Information

• Argued 05/12/2009
• Decided 08/31/2009
• Published 08/31/2009

Judges

• Before SHEDD, Circuit Judge, C. ARLEN BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation, and JOSEPH F. ANDERSON, JR., United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Neal Lawrence Walters, Scott Kroner, PLC, Charlottesville, Virginia, for Appellant. Alvaro A. Inigo, Zunka, Milnor, Carter & Inigo, Ltd., Charlottesville, Virginia, for Appellees. ON BRIEF:Deborah C. Wyatt, Wyatt & Associates, Charlottesville, Virginia, for Appellant. Richard H. Milnor, Zunka, Milnor, Carter & Inigo, Ltd., Charlottesville, Virginia, for Appellees.