Barry Carter v. S. Khan
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cv-00572-JCC-JFA. Copies to all parties and the district court. . [15-2516]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff - Appellant,
OFFICER S. KHAN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. James C. Cacheris, Senior District Judge. (1:15-cv-00572-JCC-JFA)
Submitted: June 30, 2017
Decided: July 27, 2017
Before MOTZ, KING, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Donald F. Rosendorf, LAW OFFICE OF DONALD F. ROSENDORF, Alexandria,
Virginia, for Appellant. Julia B. Judkins, BANCROFT, MCGAVIN, HORVATH &
JUDKINS, P.C., Fairfax, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Barry Carter appeals the district court’s order denying relief on his 42 U.S.C.
§ 1983 (2012) complaint. We have reviewed the record and find no reversible error. We
affirm the decision of the district court for the reasons stated with respect to the existence
of probable cause to arrest Carter for the equipment violation and with respect to its
holding that the defendant was entitled to qualified immunity on Carter’s use of force
claim due to the absence of clearly established law. Carter v. Kahn, No. 1:15-cv-00572JCC-JFA (E.D. Va. Nov. 4, 2015). We express no opinion on the district court’s finding
with respect to the existence of probable cause to arrest Carter for obstruction of justice
or with respect to the conclusion that the use of force was objectively reasonable. We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
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