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FOWLER v. VALENCOURT

No. 428PA92.

435 S.E.2d 530 (1993)

Carolyn B. FOWLER, v. J.M. VALENCOURT and City of Salisbury, North Carolina.

Supreme Court of North Carolina.

July 30, 1993.

Attorney(s) appearing for the Case

Smith, Follin & James by Seth R. Cohen and Norman B. Smith, Greensboro, for plaintiff-appellant.

Michael B. Brough & Associates by Michael B. Brough and William C. Morgan, Jr., Chapel Hill, for defendant-appellees.

PARKER, Justice.

Plaintiff instituted this civil action for actual and punitive damages against J.M. Valencourt, a police officer for the City of Salisbury, and the City of Salisbury alleging state common-law tort claims for assault, false arrest and imprisonment, and malicious prosecution and a claim for relief pursuant to the federal Civil Rights Act, 42 U.S.C. § 1983. Defendants' answer denied these allegations and asserted the affirmative defense of governmental...

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