United States Fourth Circuit

In a 42 U.S.C. 1983 action alleging that defendant-officers assaulted plaintiffs, the district court's orders are: 1) reversed in part as to the grant of summary judgment to defendant Lowery, where plaintiffs' complaint sufficiently states a cause of action for bystander liability pursuant to 42 U.S.C. section 1983; 2) affirmed in part as to the grant of summary judgment to defendant Adey on the Excessive Force and Battery counts with respect to all plaintiffs and the grant of summary judgment to defendant Lowery in his alleged role as a principal actor on the section 1983 count with respect to plaintiffs Howard and Barnett; 3) affirmed in part, where defendant-county is also not liable pursuant to the Maryland constitutional count on the theory of vicarious liability; and 4) the district court also did not abuse its discretion by denying plaintiffs' Rule 59(e) motion to alter or amend the ruling on summary judgment.

Appellate Information

• Decided 02/21/2014
• Published 02/21/2014

Judges

• FLOYD

Court

• United States Fourth Circuit

Counsel