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Banks v. Town of Culpeper, 95-1384 (1996)

Court: Court of Appeals for the Fourth Circuit Number: 95-1384 Visitors: 29
Filed: Jul. 23, 1996
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-1384 HURLEY BANKS, JR., Plaintiff - Appellant, versus TOWN OF CULPEPER; RICKY ALLEN PINKSAW, Officer for the Town of Culpeper; RICHARD C. BROOKING, Officer for the Town of Culpeper; ROSCOE FORD, Sergeant for the Town of Culpeper; F. T. GIMBEL, Deputy for the County of Culpeper; UNKNOWN NAMED AGENTS OF THE TOWN OF CULPEPER; CHRIS HOCKMAN, Officer for the Town of Culpeper, Defendants - Appellees. Appeal from the United States
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-1384 HURLEY BANKS, JR., Plaintiff - Appellant, versus TOWN OF CULPEPER; RICKY ALLEN PINKSAW, Officer for the Town of Culpeper; RICHARD C. BROOKING, Officer for the Town of Culpeper; ROSCOE FORD, Sergeant for the Town of Culpeper; F. T. GIMBEL, Deputy for the County of Culpeper; UNKNOWN NAMED AGENTS OF THE TOWN OF CULPEPER; CHRIS HOCKMAN, Officer for the Town of Culpeper, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. James H. Michael, Jr., Senior District Judge. (CA-93-55-C) Argued: November 3, 1995 Decided: July 23, 1996 Before WILKINSON, Chief Judge, and WIDENER and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. ARGUED: Deborah C. Wyatt, WYATT & CARTER, Charlottesville, Virginia, for Appellant. Neal Lawrence Walters, GILLIAM, SCOTT & KRONER, P.C., Charlottesville, Virginia, for Appellees. ON BRIEF: George H. Gilliam, GILLIAM, SCOTT & KRONER, P.C., Charlottesville, Virginia, for Appellees. 2 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: The plaintiff, Banks, who had been told by the defendant officers to leave, and understanding that he was not to return to, the scene of a riot the officers has just quelled, nevertheless returned and refused to back off from a police car in which was an officer who had been injured in the riot and a participant in the riot who had been arrested. One of the defendant officers ordered the plaintiff arrested, and he claims the arrest was without probable cause, accompanied by excessive force and that he had a First Amendment right to return to the scene of the riot to ask about a friend. We have considered the record and the opinion of the district court and, after oral argument, find that the actions of the officers were entirely reasonable and that there is no reversible error in the decision of the district court. We affirm for the reasons sufficiently expressed in the opinion of the district court. Banks v. Town of Culpeper, 93-055-C (W.D.Va. Feb. 2, 1995). AFFIRMED 3
Source:  CourtListener

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