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HAYWOOD v. BALL

No. 80-6137.

634 F.2d 740 (1980)

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

United States Court of Appeals, Fourth Circuit.

Decided November 13, 1980.

Attorney(s) appearing for the Case

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

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

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and ERVIN, Circuit Judge.

FIELD, Senior Circuit Judge:

The plaintiff, David Haywood, filed an action against four law enforcement officers of New Hanover County, North Carolina, seeking damages arising from the defendants' failure to secure prompt medical attention for the plaintiff after he was involved in an automobile accident for which he was arrested and incarcerated upon a charge of driving while intoxicated. Haywood's complaint alleged a federal cause of action under 42 U.S.C. §...

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