William Cox v. Duke Energy

Affirmed by published .opinion. Judge-Niemeyer wrote the opinion, in which Judge Duncan and Judge Floyd joined.

NIEMEYER, Circuit Judge:

When Robin Fleming flew his glider plane over the H.B. Robinson Nuclear Plant—operated by Duke Energy Progress, Inc., in Darlington County, South Carolina—and then began circling repeatedly nearby, plant security personnel found the glider’s presence suspicious and notified the Darlington County Sheriffs Office, the nearby airport, the Federal Aviation Administration (“FAA”), and Shaw Air Force Base. Responding Sheriffs deputies ordered Fleming to land his…