Decker v. Watson , 21 F. App'x 119 ( 2001 )


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  •                             UNPUBLISHED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    Affirmed by unpublished per curiam opinion.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    Unpublished opinions are not binding precedent in this circuit.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