Michael Bailey Jane Bailey Billy Bailey v. D.H. Kennedy D.B. Whitley Mike Crisp City of Hickory

360 F.3d 470, 2004 U.S. App. LEXIS 4468, 2004 WL 423121

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 20, 2004
• Docket: 02-1761
• Status: Published

Opinions

WILLIAMS, Circuit Judge,

concurring in the denial of rehearing en banc:

Respectfully, I disagree with Judge Widener’s characterization of the panel’s opinion in this case. As the panel opinion clearly reflects, the district court found, in the light most favorable to Bailey, that when Officer Whitley arrived at Bailey’s home, he found Bailey eating lunch, spoke with him for approximately five minutes, and then, apparently satisfied, voluntarily left the house. See Bailey v. Kennedy, 349 F.3d 731, 734 (4th Cir.2003). Then, Officer Kennedy “knowing only that Officer Whitley had exited the house and that Officer Whitley said [at most] ‘we’re going to have to do something,’ grabbed Michael almost as soon as he opened the door.” Id. at 740. A review of the panel opinion clearly shows, contrary to my colleague’s claim, that the court’s holding does not turn on Bailey’s denial of the suicide report.