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ROBINSON v. CITY OF WINSTON-SALEM

No. 7621SC962.

238 S.E.2d 628 (1977)

34 N.C. App. 401

Clarence Bernard ROBINSON v. CITY OF WINSTON-SALEM, J. C. Hassell, and D. G. Burton.

Court of Appeals of North Carolina.

November 16, 1977.

Attorney(s) appearing for the Case

Wilson & Morrow by Harold R. Wilson and John F. Morrow, Winston-Salem, for plaintiff-appellant.

Ronald G. Seeber, City Atty., and Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, for defendants-appellees, City of Winston-Salem and D. G. Burton.

Hall, Booker, Scales & Cleland by George M. Cleland, Winston-Salem, for defendant-appellee, J. C. Hassell.

PARKER, Judge.

This appeal presents the following question: What is the proper test for determining the civil liability of a Police Officer for false imprisonment when the officer, acting under a valid arrest warrant, arrests the wrong person because of a mistake in the identity of the person arrested? So far as research of counsel and our own research reveals, this is a question of first impression in this State.

In Melton v. Rickman, 225 N.C. 700...

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