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BROWN v. GILMORE

No. 01-1749.

278 F.3d 362 (2002)

Tara Simone BROWN, Plaintiff-Appellee, v. Robert GILMORE, individually and in his capacity as a police officer of the City of Myrtle Beach, South Carolina; Brian Pina, individually and in his capacity as a police officer of the City of Myrtle Beach, South Carolina, Defendants-Appellants, and City of Myrtle Beach, South Carolina, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided January 23, 2002.

Attorney(s) appearing for the Case

ARGUED: Cynthia Graham Howe, Van Osdell, Lester, Howe & Jordan, P.A., Myrtle Beach, South Carolina, for Appellants. Joshua Norris Rose, Rose & Rose, P.C., Washington, D.C., for Appellee. ON BRIEF: James B. Van Osdell, Van Osdell, Lester, Howe & Jordan, P.A., Myrtle Beach, South Carolina, for Appellants. John R. Harper II, John R. Harper II, Attorney At Law, P.A., Columbia, South Carolina, for Appellee.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and Joseph R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge GOODWIN joined.

OPINION

WILKINSON, Chief Judge.

Plaintiff Tara Brown brought a 42 U.S.C. § 1983 action alleging false arrest and use of excessive force in violation of the Fourth Amendment during her arrest for violating the City of Myrtle Beach's disorderly conduct ordinance. The district court denied the officers' motion for summary judgment...

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