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GRAY v. SPILLMAN

No. 89-7740.

925 F.2d 90 (1991)

Johnny GRAY, Plaintiff-Appellant, v. Detective SPILLMAN; Detective Bishop; Detective Riggs; Detective Cartner, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1991.

Attorney(s) appearing for the Case

Edwin Norris Wilmot, Eliades & Eliades, Hopewell, Va., for plaintiff-appellant.

Michael Austin Gilles, argued (Martin N. Erwin, Smith, Helms, Mulliss & Moore, Greensboro, N.C., Allan R. Gitter, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for defendants-appellees.

Before ERVIN, Chief Judge, and MURNAGHAN and CHAPMAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Johnny Gray instituted a 42 U.S.C. § 1983 action against three police officers and a jailer, alleging that the officers beat and injured him during two custodial interrogations. The district court, relying on the magistrate judge's recommendation, granted summary judgment for the defendants. The magistrate judge had concluded that the affidavits indisputably showed that Gray had not suffered...

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