Whidden v. Blakes , 193 F. App'x 247 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7453
DAVID CHARLES WHIDDEN,
Plaintiff - Appellant,
versus
JENNA AUBERT, PFC, Badge 189; GARY BLAKES,
Sergeant, Badge No. 152,
Defendants - Appellees,
and
CITY OF HYATTSVILLE, MARYLAND, a Municipal
Corporation,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
(CA-04-751-AW)
Submitted: June 28, 2006 Decided: August 3, 2006
Before WILKINSON, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Terrell N. Roberts, III, ROBERTS & WOOD, Riverdale, Maryland, for
Appellant. Daniel Karp, ALLEN, KARPINSKI, BRYANT & KARP,
Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
David Charles Whidden appeals the district court’s order
denying relief on his complaint that asserted both violations of
federal constitutional law pursuant to 42 U.S.C. § 1983 (2000) and
claims arising under state law. We have reviewed the record and
find no reversible error. Accordingly, we affirm substantially on
the reasoning of the district court.* Whidden v. Blakes, No. CA-
04-751-AW (D. Md. July 29, 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
*
While the district court dismissed Whidden’s state law claims
upon a finding that Maryland’s statutory immunity for government
officials insulated the defendants from liability, we conclude that
a consideration of immunity was unnecessary as the defendants did
not lack probable cause for their actions. DiPino v. Davis, 729
A.2d 354, 366-67 (Md. 1999).
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