LEE v. GREENE

No. 9311SC533.

442 S.E.2d 547 (1994)

114 N.C. App. 580

Gail LEE, Plaintiff-Appellee/Cross-Appellant, v. S.D. GREENE, Individually and in his official capacity as an officer of the North Carolina Highway Patrol; and Brad Myers, Individually and in his official capacity as an officer of the North Carolina Highway Patrol, Defendants-Appellants/Cross-Appellees.

Court of Appeals of North Carolina.

May 3, 1994.


Attorney(s) appearing for the Case

Patterson, Harkavy & Lawrence, by Melinda Lawrence and Maxine Eichner, Raleigh, for plaintiff.

Michael F. Easley, Atty. Gen. by Linda M. Fox, Asst. Atty. Gen., and Robert T. Hargett, Associate Atty. Gen., Raleigh, for defendants.


LEWIS, Judge.

Plaintiff commenced this action against defendants individually, and in their official capacities as North Carolina Highway Patrol officers, to recover for injuries sustained as a result of an altercation between plaintiff and defendants. Plaintiff's complaint alleged, inter alia, causes of action for excessive force and unlawful entry in violation of 42 U.S.C. § 1983 and for trespass. Defendants asserted the defense of qualified immunity...

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