07/08/2013 Page 3 of 11 377, 394 (1968) ("[W]e find it intolerable that one constitutional right should have to be surrendered to assert another"); Tomai-Minogue v. State Farm Mut. Auto Ins. Co., 770 F.2d 1228, 1232 (4th Cir. 1985) (finding it a "questionable line of argument . . . [that] to assert her right

2d 1228, 1232 (4th Cir. 1985) (finding it a "questionable line of argument . . . [that] to assert her rights as a matter of procedural due process, Tomai-Minogue would be compelled to forego other due process rights"). Thus, in seeking to intervene with respect to remedy, Mr. Epstein does not waive the issue