United States Fourth Circuit

In plaintiff's 42 U.S.C. section 1983 suit against a police officer and the police department, arising from an incident where plaintiff's lost and intoxicated thirteen-year-old son was bitten by a police patrol dog used by an officer to find him, district court's denial of defendants' motion for summary judgment on basis of qualified immunity is reversed and remanded as, qualified immunity is appropriate because the officer did not violate clearly established law in his search for a missing boy who faced serious potential injury.

Appellate Information

• Argued 10/29/2009
• Decided 01/29/2010
• Published 01/29/2010

Judges

• Before WILKINSON, MICHAEL, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:William Antoine Snoddy, Office of the County Attorney for Montgomery County, Maryland, Rockville, Maryland, for Appellants. Terrell Roberts, Roberts & Wood, Riverdale, Maryland, for Appellee. ON BRIEF:Leon Rodriguez, County Attorney, Marc P. Hansen, Deputy County Attorney, Edward B. Lattner, Chief, Division of Human Resources & Appeals, Office of the County Attorney For Montgomery County, Maryland, Rockville, Maryland, for Appellants.