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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1440 LINDA DONOVAN DECKER; DONNA DECKER FLORY, Plaintiffs - Appellants, versus JONATHAN A. WATSON, Virginia State Police, Defendant - Appellee, and JOHN DOE; RICHARD ROE, Defendants. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-00-1873-A) Submitted: September 28, 2001 Decided: October 18, 2001 Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert L. Deichmeister, FAGELSON, SCHONBERGER, PAYNE & DEICHMEISTER, P.C., Fairfax, Virginia, for Appellants. Randolph A. Beales, Attorney General of Virginia, Gregory E. Lucyk, Senior Assistant Attorney General, Kevin O. Barnard, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Linda Donovan Decker and Donna Decker Flory appeal the dis- trict court order granting Jonathan Watson’s motion for summary judgment in their
42 U.S.C.A. § 1983(West Supp. 2001) action. We have reviewed the record and the parties’ briefs and find no reversible error. Specifically, Watson was entitled to qualified immunity because it was objectively reasonable for him to apply for a search warrant. See Harlow v. Fitzgerald,
457 U.S. 800, 818 (1982); Torchinsky v. Siwinski,
942 F.2d 257, 260-64 (4th Cir. 1991). Moreover, Decker and Flory are not entitled to discovery, including the names of the informants, because they cannot estab- lish a violation of a clearly established law. Mitchell v. Forsyth,
472 U.S. 511, 526 (1985). Accordingly, we affirm on the reasoning of the district court. Decker v. Watson, No. CA-00-1873-A (E.D. Va. filed Mar. 1, 2001; entered Mar. 5, 2001). We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2
Document Info
Docket Number: 01-1440
Citation Numbers: 21 F. App'x 119
Judges: Niemeyer, Williams, Traxler
Filed Date: 10/18/2001
Precedential Status: Non-Precedential
Modified Date: 10/19/2024