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McDOWELL v. DAVIS

No. 7614DC938.

235 S.E.2d 896 (1977)

James McDOWELL and Mary McDowell v. Marvin DAVIS, Individually and as Sheriff of Durham County, North Carolina, et al.

Court of Appeals of North Carolina.

July 6, 1977.

Attorney(s) appearing for the Case

Legal Aid Society of Durham County by Denison Ray and Adrienne M. Fox, Durham, for plaintiffs-appellants.

Robert D. Holleman and Felix B. Clayton, Durham, for defendants-appellees.

HEDRICK, Judge.

One of plaintiffs' claims is based upon 42 U.S.C. § 1983 which provides,

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured...

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