CARTER v. ROGERS

No. 85-1915.

805 F.2d 1153 (1986)

Sammy CARTER and James Cox, Appellants, v. Jasper Greg ROGERS, Individually & in his capacity as the Sheriff of Dillon County; Billy Wayne Gaine, Individually & as a Deputy Sheriff of Dillon County; Andrew Graves, Indiv. & as a Deputy Sheriff of Dillon County; James Washington, Indiv. & as Deputy Sheriff of Dillon County; L.C. Richardson, Indiv. & in his cap. as the Sheriff of Marion County; Ann Earl Davis, As Admin. of the Estate of Gary Davis; V.D. Turbeville, Ind. & as a Deputy Sheriff of Marion County; United States Fidelity & Guaranty Co. & American Insurance Co., Defendants. and Bobby McClain, Individually & as a Deputy Sheriff of Dillon County; L.G. Winkler, Ind. and as a Deputy Sheriff of Marion County; Donald Ray Hayes, Ind. and as a Deputy Sheriff of Marion County; Richard McArthur and Katrina Carter, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 26, 1986.


Attorney(s) appearing for the Case

J. Edward Bell, III (Bell, Floyd, Belk & Jernigan, Florence, S.C., John D. Delgado, Furr & Delgado, Columbia, S.C., on brief), for appellants.

Mark W. Buyck, Jr. (Willcox, Hardee, McLeod, Buyck, Baker & Williams, Florence, S.C., on brief), and Robert L. Kilgo (Kilgo & Kilgo, Darlington, S.C., on brief), for appellees.

Before WINTER, Chief Judge, and WIDENER and CHAPMAN, Circuit Judges.


HARRISON L. WINTER, Chief Judge:

Plaintiffs sued defendants, alleging a variety of causes of action arising out of their arrest for armed robbery and attempted armed robbery. Plaintiffs had been acquitted of the main criminal charges, though plaintiff Carter was convicted of illegal possession of a sawed-off shotgun. Among plaintiffs' alleged causes of action were claims that defendant McClain, the deputy sheriff, used excessive force in arresting plaintiff Carter...

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