Hupp v. Cook, No. 18-1845 (4th Cir. 2019)Annotate this Case
Plaintiff, her minor son, and her father-in-law filed a 42 U.S.C. 1983 action against a state trooper, asserting various violations of the Fourth Amendment. Plaintiff's claims arose from her arrest for obstruction when she attempted to stop the trooper from shooting her family's dog. The district court granted summary judgment for the trooper.
The Fourth Circuit held that there were genuine disputes of fact underlying the false arrest, excessive force, and malicious prosecution claims. The court also held that the district court properly denied plaintiff's motion for summary judgment on the search and seizure claims. Accordingly, the court affirmed the district court's order denying plaintiff partial summary judgment and reversed the order granting summary judgment to the trooper. The court remanded for further proceedings.