WHISENANT v. YUAM

No. 83-6301(L), 83-6302 to 83-6304.

739 F.2d 160 (1984)

Bobby WHISENANT, Appellant, v. Dr. Stanley YUAM; Chris Johnson, Administrator of Grace Hospital; Jerry Richards, Sheriff of Burke Co.; Bill Hamrick, Chief of Police, Morganton, NC; John Suttles; Johnny Wehunt; John McDevitt, Sheriff's Deputy, Morganton, NC; Ronnie Hudson, Chief Detective, Morganton, NC Police Dept.; Steve Whisnant, Detective, Sheriff's Dept., Morganton, NC; Charles Whitman, SBI Agent, Hickory, NC; Joe Clark, Chief Jailer, Burke County Jail, Morganton, NC, Appellees. Bobby WHISENANT, Appellee, v. Dr. Stanley YUAM; Chris Johnson, Administrator of Grace Hospital; Jerry Richards, Sheriff of Burke Co.; Bill Hamrick, Chief of Police, Morganton, NC; John Suttles; John McDevitt, Sheriff's Deputy, Morganton, NC; Steve Whisnant, Detective, Sheriff's Dept., Morganton, NC; Charles Whitman, SBI Agent, Hickory, NC; Joe Clark, Chief Jailer Burke County Jail, Morganton, NC, Defendants, and Johnny Wehunt; Ronnie Hudson, Chief Detective, Morganton, NC Police Dept., Appellants. Bobby WHISENANT, Appellee, v. Dr. Stanley YUAM; Chris Johnson, Administrator of Grace Hospital; Bill Hamrick, Chief of Police, Morganton, NC; John Suttles; Johnny Wehunt; Ronnie Hudson, Chief Detective, Morganton, NC Police Dept.; Charles Whitman, SBI Agent, Hickory, NC, Defendants, and Jerry Richards, Sheriff of Burke Co., Steve Whisnant, Detective, Sheriff's Dept. Morganton, NC; Joe Clark, Chief Jailer, Burke County Jail, Morganton, NC; John McDevitt, Sheriff's Deputy, Morganton, NC, Appellants. Bobby WHISENANT, Appellee, v. Dr. Stanley YUAM; Chris Johnson, Administrator of Grace Hospital; Jerry Richards, Sheriff of Burke Co.; Bill Hamrick, Chief of Police, Morganton, NC; Johnny Wehunt; John McDevitt, Sheriff's Deputy, Morganton, NC; Ronnie Hudson, Chief Detective, Morganton, NC Police Dept.; Steve Whisnant, Detective, Sheriff's Dept., Morganton, NC; Joe Clark, Chief Jailer, Burke County Jail, Morganton, NC, Defendants, and John Suttles; Charles Whitman, SBI Agent, Hickory, NC, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1984.


Attorney(s) appearing for the Case

C. Frank Goldsmith, Jr., Marion, N.C., for appellant.

Sam J. Ervin, IV, Morganton, N.C., (Robert B. Byrd, Byrd, Byrd, Ervin, Blanton, Whisnant & McMahan, P.A., Morganton, N.C., on brief); Thomas G. Smith, Valdese, N.C., (W. Harold Mitchell, Mitchell, Teele, Blackwell, Mitchell & Smith, Valdese, N.C., on brief); Daniel C. Higgins, Associate Atty. Gen., Raleigh, N.C., William C. Morris, Jr. (Morris, Golding & Phillips, Asheville, N.C., on brief), for appellees.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.


HARRISON L. WINTER, Chief Judge:

The district court entered judgment on the jury's verdict for defendants in plaintiff's pro se action under 42 U.S.C. § 1983 against various North Carolina police officers, prison officials, and two private citizens. The plaintiff asserted that defendants' inattention to his serious medical needs while he was in pretrial custody deprived him of his rights under the fourteenth amendment...

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