Pruitt v. Pernell

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 3, 2006
• Docket: 05-1132
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1132

KENNETH RAY PRUITT,

Plaintiff - Appellee,

versus

BILLY PERNELL, Sharpsburg Police Chief; TOWN OF SHARPSBURG, NC; M. L. FELLNER, Officer; JOEL BATCHELOR, Officer,

Defendants - Appellants,

and

GEORGE BOTTOMS, Officer,

Defendant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-02-270-5-BO)

Submitted: February 28, 2006 Decided: April 3, 2006

Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Scott Christopher Hart, SUMRELL, SUGG, CARMICHAEL, HICKS & HART, P.A., New Bern, North Carolina, for Appellants. Kenneth Ray Pruitt, Appellee Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Appellants appeal the district court’s order denying

qualified immunity in this 42 U.S.C. § 1983 (2000) action. We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. See Pruitt v.

Pernell, No. CA-02-270-5-BO (E.D.N.C. Jan. 5, 2005). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

- 3 -