WHITE v. TOWN OF CHAPEL HILL

Civ. No. 1:93CV00304.

899 F.Supp. 1428 (1995)

William K. WHITE, Plaintiff, v. TOWN OF CHAPEL HILL, a municipal corporation; Ralph V. Pendergraph, individually and in his official capacity as Chief of Police of the Town of Chapel Hill; Greg Jarvis, individually and in his official capacity as Captain with Town of Chapel Hill Police Department; John Doe, I, individually and in his official capacity as law enforcement officer under the command of defendants Pendergraph and Jarvis; John Doe, II, individually and in his official capacity as law enforcement officer under the command of defendants Pendergraph and Jarvis; John Doe, III, individually and in his official capacity as law enforcement officer under the command of defendants Pendergraph and Jarvis; and John Doe, IV, individually and in his official capacity as law enforcement officer under the command of defendants Pendergraph and Jarvis, Defendants.

United States District Court, M.D. North Carolina, Durham Division.

January 6, 1995.


Attorney(s) appearing for the Case

John F. Nieman, Jr., Kinnaird & Nieman, Chapel Hill, NC, for plaintiff.

Kari L. Kusswurm, Dan M. Hartzog, Cranfill, Sumner & Hartzog, Raleigh, NC, for defendants.


MEMORANDUM OPINION

BULLOCK, Chief Judge.

This case, brought under both 42 U.S.C. § 1983 and state law, requires the court to consider, in addition to the liability of a municipality for the alleged torts of its police officers, questions of the qualified immunity of the individual officers in the context of the Defendants' motions for summary judgment. After careful review, Defendants' motions will be granted on both the federal and state claims...

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