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GAY v. WALL

No. 84-6363.

761 F.2d 175 (1985)

Larry Nathan GAY, Appellant, v. Charles WALL, Chief of Police, Virginia Beach Police Department; E.F. Buzzy, Captain and Administrative Assistant, Virginia Beach Police Department; C.D. Hathaway, Captain, Detective Bureau, Virginia Beach Police Department; and R.D. Colley, Detective, Virginia Beach Police Department, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 8, 1985.

Attorney(s) appearing for the Case

William P. Williams, Norfolk, Va., for appellant.

Henry W. Austin, Jr., Norfolk, Va. (Willcox, Savage, Dickson, Hollis & Eley, P.C., Norfolk, Va., on brief), for appellees.

Before WIDENER and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

ERVIN, Circuit Judge:

Larry Nathan Gay brought this § 1983 action against Virginia Beach police officers, claiming that they unlawfully arrested and jailed him without probable cause in violation of his due process rights. The defendants filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The district court considered the motion to dismiss as a motion for summary judgment, see Fed.R.Civ.P. 12(b) and 56, and granted summary...

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