1 F.3d 1232 (4th Cir. 1993), 92-7177, Caldwell v. Rubbo

Docket Nº:92-7177.
Citation:1 F.3d 1232
Party Name:Cynthia Lynn Talman CALDWELL, Plaintiff-Appellant, v. Armand RUBBO; Virginia Beach Police Department, Defendants-Appellees.
Case Date:August 10, 1993
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

Page 1232

1 F.3d 1232 (4th Cir. 1993)

Cynthia Lynn Talman CALDWELL, Plaintiff-Appellant,


Armand RUBBO; Virginia Beach Police Department, Defendants-Appellees.

No. 92-7177.

United States Court of Appeals, Fourth Circuit

August 10, 1993

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Submitted: July 21, 1993.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-92-426)

Laura L. Wagner, Richmond, Virginia, for Appellant.

L. Steven Emmert, Assistant City Attorney, Virginia Beach, Virginia, for Appellees.



Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.



Cynthia Lynn Talman Caldwell appeals from the district court's order granting summary judgment for the Defendants in her action under 42 U.S.C. § 1983 (1988). We affirm.

Caldwell was arrested by local police on a capias warrant issued for a probation violation. She was arrested at approximately 10:15 p.m. at her home in Virginia Beach, Virginia. Her husband and children were present at the time of the arrest. When the police arrived to make the arrest Caldwell was showering. The officers waited in the living room for Caldwell to finish bathing. While there, they looked around the living room, kitchen, and a hallway, as well as into a fish tank, using their flashlight. After dressing, Caldwell was escorted to a police car. Before being placed in the car, she was subjected to a pat-down search by Officer Rubbo, a male. During this period Caldwell was not handcuffed or otherwise restrained.

Caldwell filed the present complaint under § 1983 challenging the pat-down search and the search of her home. The Defendants moved to dismiss [*] and Caldwell responded. The district court denied relief and Caldwell filed a timely notice of appeal. On appeal, counsel was appointed for Caldwell and the case was formally briefed. Counsel for both parties moved to submit the case on the briefs. We granted that motion.

We review a grant of summary judgment de novo, applying the same standards applied by the district court. Williams v. Griffin, 952 F.2d 820, 823 (4th Cir...

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