Kenneth Lee Walden v. Scott A. Frame, individually

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1105
KENNETH LEE WALDEN,
Plaintiff - Appellant,
versus
SCOTT A. FRAME, individually and in his
official capacity; ROGER ROBINSON,
individually and in his official capacity;
CITY OF CHARLESTON, WEST VIRGINIA,
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph Robert Goodwin,
District Judge. (CA-03-225-2)
Argued: October 27, 2004 Decided: December 16, 2004
Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ARGUED: Peter Dwight Van de Vate, Knoxville, Tennessee, for
Appellant. Michael Deering Mullins, STEPTOE & JOHNSON, Charleston,
West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Kenneth Lee Walden appeals from a grant of summary judgment
awarding qualified immunity to law enforcement officers on his
constitutional claims. Walden contends the officers violated his
constitutional rights by conducting an illegal Terry stop.
We review the grant of summary judgment de novo. We have
reviewed the record, briefs, and applicable case law on this
matter, and we have had the benefit of oral argument. Our careful
review persuades us that the district court was correct in finding
that, under the facts presented, a reasonable officer would not
have known that the officers’ Terry stop was unconstitutional.
Accordingly, we affirm the judgment in favor of the officers on the
reasoning of the district court. See Walden v. Frame, C.A. No.
2:03-00225 (S.D.W.V. Dec. 9, 2003).
AFFIRMED

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