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RAINEY v. CONERLY

Nos. 91-7248, 91-7249.

973 F.2d 321 (1992)

Jeffrey RAINEY, Plaintiff-Appellant, v. Bob CONERLY, Jr., Defendant-Appellee, and Morris Bedsole, Sheriff; James Bowser, Defendants. Jeffrey RAINEY, Plaintiff-Appellee, v. Bob CONERLY, Jr., Defendant-Appellant, and Morris Bedsole, Sheriff; James Bowser, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1992.

Attorney(s) appearing for the Case

Richard Edmond Giroux, North Carolina Prisoner Legal Services, Inc., Raleigh, N.C., for plaintiff-appellant.

Larry James McGlothlin, Fayetteville, N.C. (George Joseph Franks, on the brief), for defendant-appellee.

Before ERVIN, Chief Judge, HAMILTON, Circuit Judge, and KELLAM, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

ERVIN, Chief Judge:

Jeffrey Rainey brought this action against Bob Conerly, a prison guard, under 42 U.S.C. § 1983, alleging that Conerly had used excessive force against Rainey while Rainey was a detainee at the Cumberland County Jail in Fayetteville, North Carolina. A jury found against Rainey. Rainey appeals, alleging an error in the jury selection process, an erroneous evidentiary ruling, and improper remarks by the trial judge, in the presence...

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