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LEE v. TOWN OF SEABOARD

No. 16-1447.

863 F.3d 323 (2017)

Brian C. LEE, Sr., Plaintiff-Appellant, v. TOWN OF SEABOARD, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 14, 2017.

Attorney(s) appearing for the Case

ARGUED: Eric Laurence Doggett , DOGGETT LAW OFFICES, Raleigh, North Carolina, for Appellant. Dan M. Hartzog, Jr. , CRANFILL, SUMNER & HARTZOG, LLP, Raleigh, North Carolina, for Appellee. ON BRIEF: Dan M. Hartzog , CRANFILL, SUMNER & HARTZOG, LLP, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Wynn wrote the opinion, in which Judge Niemeyer and Judge King joined.

Early on the morning of May 15, 2010, Sergeant Howard Phillips ("Sergeant Phillips"), a police officer employed by Defendant Town of Seaboard, North Carolina ("Seaboard"), shot and wounded Plaintiff Brian C. Lee, Sr. ("Lee") as Lee was driving to escape a mob that had attacked him as he left a party at an Elks Lodge in Seaboard...

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