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PAINTER v. HARVEY

Nos. 87-2203(L), 87-2210.

863 F.2d 329 (1988)

Florhline A. PAINTER, Plaintiff-Appellant, v. Larry R. HARVEY, Defendant-Appellee. and The Town of Luray Police Department; Jerry M. Schiro, Chief of Police; The Town of Luray; The Luray Town Council, Defendants. Florhline A. PAINTER, Plaintiff-Appellee, v. Larry R. HARVEY, Defendant-Appellant. and The Town of Luray Police Department; Jerry M. Schiro, Chief of Police; The Town of Luray; The Luray Town Council, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 1988.

Attorney(s) appearing for the Case

Deborah C. Wyatt (Gordon & Wyatt, Charlottesville, Va., on brief), for plaintiff-appellant.

David A. Penrod (Hoover, Hoover, Penrod & Davenport, Harrisburg, Va., on brief), for defendant-appellee.

Before RUSSELL, HALL and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

In this case we must determine if the district court properly invoked its ancillary subject matter jurisdiction to entertain a state libel counterclaim that arose in response to a federal action under 42 U.S.C. § 1983. Plaintiff Painter alleged that defendant Harvey violated her constitutional rights while arresting her for driving under the influence in November, 1984. Defendant counterclaimed, asserting that plaintiff slandered and...

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