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JUSTICE v. DENNIS

No. 85-1431.

834 F.2d 380 (1987)

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 November 25, 1987.

Attorney(s) appearing for the Case

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

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

Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, SPROUSE, ERVIN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, sitting en banc.

K.K. HALL, Circuit Judge:

Gary Wayne Justice, the plaintiff in a civil rights action brought pursuant to 42 U.S.C. § 1983, appeals from a judgment entered on a jury verdict in favor of the defendant, John W. Dennis. Justice also appeals the denial by the United States Magistrate of his motion for judgment notwithstanding the verdict ("JNOV"). Finding no error, we affirm.

I.

Justice was arrested on December 19, 1982, by Trooper W.B. Rose of the...

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