U.S. Court of Appeals for the Fourth Circuit, 1998

Fennell v. Stephenson

Fennell v. Stephenson
U.S. Court of Appeals for the Fourth Circuit · Decided July 21, 1998

Fennell v. Stephenson

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-2176

THE ESTATE OF KENNETH B. FENNELL, by and through Norwood F. Fennell and Annie B. Fen- nell, Co-administrators; NORWOOD F. FENNELL, ANNIE B. FENNELL, Plaintiffs - Appellants, versus

R. L. STEPHENSON, in his personal capacity, Defendant - Appellee, and

GORDON B. ARNOLD, in his personal capacity; JOHN DOES, State Officials, in their personal capacities, Defendants.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Sr., District Judge. (CA-95-795-2)

Submitted: May 29, 1998 Decided: July 21, 1998

Before MURNAGHAN and WILKINS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Alan McSurely, MCSURELY, DOROSIN & OSMENT, Chapel Hill, North Caro- lina; Earl Whitted, Jr., Goldsboro, North Carolina, for Appellants.

Isaac T. Avery, III, Special Deputy Attorney General, Reuben F.

Young, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: The parents of Kenneth Fennell, individually and as co- administrators of his estate, appeal from the district court’s order denying relief on their claim of violations of Fennell’s Fourth and Fourteenth Amendment rights, 42 U.S.C. §§ 1983, 1985 (1994), and violations of North Carolina common law, including wrongful death and conspiracy. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Estate of Fennell v. Stephenson, No. CA-95-795-2 (M.D.N.C. July 29, 1997). We dis- pense 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

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