Kendrick v. Henry County

U.S. Court of Appeals for the Fourth Circuit

Kendrick v. Henry County

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1175

STEPHEN W. KENDRICK,

Plaintiff - Appellant,

versus

HENRY COUNTY PUBLIC SERVICE AUTHORITY; JAMES G. MCINERNEY, Individually and in his official capacity as Public Service Authority Board Chairman; MARY RAY CARTER, Individually and in her official capacity as Public Service Authority Board Member; LARRY N. TURNER, Individually and in his official capacity as Public Service Authority Board Member; KATHRYN REA, Individually and in her official capacity as Public Service Authority Board Member; GERALD LAWICKI, Individually and in his official capacity as Public Service Authority Board Member; DAVID DAVIS, Individually and in his official capacity as Henry County Board of Supervisors Chairman; FRANCES ZEHR, Individually and in his official capacity as former Member of Henry County Board of Supervisors; MIKE SIEDLE, Individually and in his capacity as former Member of Henry County Board of Supervisors; HENRY COUNTY, VIRGINIA, an unincorporated district and political Subdivision of the Commonwealth of Virginia,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (CA-04-14-4) Argued: October 25, 2005 Decided: December 2, 2005

Before WIDENER, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ARGUED: James Broome Thorsen, THORSEN & SCHER, L.L.P., Richmond, Virginia, for Appellant. Carlene Booth Johnson, PERRY & WINDELS, Dillwyn, Virginia; Martha White Medley, DANIEL, VAUGHAN, MEDLEY & SMITHERMAN, P.C., Danville, Virginia, for Appellees. ON BRIEF: W. Reilly Marchant, MARCHANT, THURSTON, HONEY & BLANKS, L.L.P., Richmond, Virginia, for Appellant. M. Brent Saunders, DANIEL, VAUGHAN, MEDLEY & SMITHERMAN, P.C., Danville, Virginia, for Appellees Henry County, Virginia, David Davis, Frances Zehr, and Mike Siedle.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

Stephen Kendrick appeals three orders from the district court

that dismissed, either on a motion to dismiss or motion for summary

judgment, all of his claims brought under

42 U.S.C. § 1983

against

Henry County Public Service Authority, James McInerney, Kathy Rea,

Larry Turner, Mary Carter, Gerald Lawicki, David Davis, Frances

Zehr, Mike Siedle, and Henry County, Virginia in connection with

the termination of his employment at the Henry County Public

Service Authority. After reviewing the record and hearing argument

from counsel, we find no reversible error in any of the decisions

by the district court below. Accordingly, we affirm for the

reasons stated by the district court. See Kendrick v. Henry County

Public Serv. Auth., et al., No. 4:04-CV-14 (W.D. Va. Jan. 27,

2005); Kendrick v. Henry County Public Serv. Auth., et al., No.

4:04-CV-14 (W.D. Va. Nov. 30, 2004); Kendrick v. Henry County

Public Serv. Auth., et al., No. 4:04-CV-14 (W.D. Va. Jul. 29,

2004).

AFFIRMED

3

Reference

Status
Unpublished