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GOODWIN v. METTS

No. 88-2135.

885 F.2d 157 (1989)

James Kenneth GOODWIN; Eddie Earl Hallman, Plaintiffs-Appellees, v. James R. METTS, individually and in his official capacity as Sheriff of Lexington County, South Carolina; Vernon O. Maxwell, individually and in his official capacity as a Lexington County Deputy Sheriff, Defendants-Appellants, and Ralph Bishop, individually and d/b/a Bishop Salvage Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1989.

Rehearing and Rehearing Denied November 28, 1989.

Attorney(s) appearing for the Case

Harold Weinberg Jacobs (David B. Summer, Jr., Nexsen, Pruet, Jacobs & Pollard, Columbia, S.C., on brief), for defendants-appellants.

Lex A. Rogerson, Jr., Lexington, S.C. (John R. Delgado, Furr & Delgado, Herbert W. Louthian, Louthian & Louthian, Columbia, S.C., Armand Derfner, Armand Derfner, P.A., Charleston, S.C., on brief), for plaintiffs-appellees.

Before RUSSELL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied November 28, 1989.

BUTZNER, Senior Circuit Judge:

After a jury trial, Vernon O. Maxwell was held liable for wrongful prosecution under 42 U.S.C. § 1983. The jury found Maxwell and James R. Metts liable for common law malicious prosecution. It awarded compensatory damages to the plaintiffs, James Kenneth Goodwin and Eddie Earl Hallman, and assessed punitive damages against Maxwell. Metts and Maxwell appeal from the...

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