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JUSTICE v. DENNIS

No. 85-1431.

793 F.2d 573 (1986)

Gary W. JUSTICE, Appellant, v. John W. DENNIS, individually and in his official capacity as North Carolina State Highway Patrolman, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1986.

Attorney(s) appearing for the Case

James J. Wall (Barbara von Euler, Legal Services of Lower Cape Fear, Wilmington, N.C., on brief), for appellant.

Isaac T. Avery, III, Sp. Deputy Atty. Gen., N.C. Dept. of Justice (Lacy H. Thornburg, Atty. Gen., W. Dale Talbert, Asst. Atty. Gen., Raleigh, N.C., on brief), for appellee.

Before HALL and ERVIN, Circuit Judges, and SWYGERT, Senior Circuit Judge of the Seventh Circuit, sitting by designation.

ERVIN, Circuit Judge:

Gary Wayne Justice seeks a new jury trial on his claim that North Carolina State Highway Patrol Trooper John W. Dennis used unconstitutionally excessive force while Justice was detained in the Onslow County Courthouse jail. Although we are not certain that the force exceeded constitutional limits, we believe that the jury was instructed to test Dennis' conduct against a standard overly favorable to the trooper. We therefore reverse and remand...

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