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SEVIGNY v. DICKSEY

Nos. 87-3550, 87-3571.

846 F.2d 953 (1988)

Diana Pepper SEVIGNY, Plaintiff-Appellee, v. Andrew F. DICKSEY, Individually, Defendant-Appellant, and The Town of Carolina Beach, Defendant (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided May 18, 1988.

Attorney(s) appearing for the Case

William T. Womble, Jr. (William A. Blancato; Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for defendant-appellant.

Auley McRae Crouch, III (Carr, Swails, Huffine & Crouch; Karen Paden Boyle; Scott, Payne, Boyle & Swart, Wilmington, N.C., on brief), for plaintiff-appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge.

This is an appeal from a judgment on a jury verdict in favor of the plaintiff in an action brought under 42 U.S.C. § 1983 claiming that a police officer had violated the plaintiff's fourth amendment rights by arresting her without probable cause. Following the jury verdict, which necessarily found that the arrest was made without probable cause, the district court denied defendant's motion for judgment notwithstanding the...

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