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HAYWOOD v. BALL

No. 78-1121.

586 F.2d 996 (1978)

David HAYWOOD, in behalf of himself and others similarly situated, Appellants, v. J. C. BALL, N.C. State Highway Patrolman, in his Individual and official capacity, H. G. Grohman, Sheriff, New Hanover County, in his Individual and official capacity, R. I. Wark, Chief Jailer, New Hanover County, in his Individual and official capacity, Claude Foster, Deputy Sheriff, New Hanover County, in his Individual and official capacity, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1978.

Attorney(s) appearing for the Case

Charles L. Becton, Charlotte, N. C. (James E. Ferguson, II, Chambers, Stein, Ferguson & Becton, P. A., Charlotte, N. C., on brief), for appellants.

John F. Crossley, Wilmington, N. C. (Crossley & Johnson, Wilmington, N. C., on brief), for appellees.

Before BUTZNER, WIDENER, and HALL, Circuit Judges.

K. K. HALL, Circuit Judge:

Appellant Haywood brought suit in district court against four state law enforcement officers, for damages arising from defendants' failure to secure medical attention for Haywood for more than ten hours after he was involved in an automobile accident and was subsequently arrested and jailed for driving while intoxicated. Haywood alleged two separate causes of action: one under 42 U.S.C. § 1983 for violation of his constitutional rights...

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