STATE v. MITCHELL

No. 12714.

164 S.E.2d 201 (1968)

STATE ex rel. Mary Betty PAYNE, etc. v. E. L. MITCHELL, Justice of the Peace, et al.

Supreme Court of Appeals of West Virginia.

Decided November 19, 1968.


Attorney(s) appearing for the Case

Katz, Katz, & Kantor, David M. Katz, Norris Kantor, Bluefield, Bailey, Worrell, Camper & Viers, Harry G. Camper, Jr., Welch, for appellant.

Barley & Goode, Grover C. Goode, Leon P. Miller, Welch, for appellees.


BROWNING, Judge:

Plaintiff, Mary Betty Payne, instituted this action in the Circuit Court of McDowell County, for false arrest, false imprisonment and violation of her civil rights under T. 42, § 1983 of the U. S. Code, alleging that on May 31, 1965, she was arrested on a warrant charging her with profanity and taken before a justice of the peace, who ordered her placed in jail where she was held for approximately eight hours before being released. She was subsequently...

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