BARNETT v. KARPINOS

No. 9315SC1316.

460 S.E.2d 208 (1995)

William BARNETT, Jr., Diana Alston, Jessie Alston, Willie George Brooks, Cristifus Brown, Terry Clark, Emma Council, Maxine Council, Boris Edwards, Kenneth Edwards, Margaret B. Foster, Anita Gattis, Catherine Diane Gordon, Barry Nelson Harrington, Cecil B. Jacobs, Louis J. Jacobs, Ricky Lee Jacobs, Bessine B. Lyons, Limwood Martin, Jessie McLeod, Joann McLeod, Charles Mitchell, Cheryl Mitchell, Keith A. Mitchell, Budd Norwood, Larry Lennie O'Neal, Anthony Page, Jr., Diana D. Riley, Lonnetta Riley, Willie Robinson, Audrey R. Smith, Jeffery Smith, Robert Taylor, Anthony Louis Webb, Donnie C. Webb, Louis E. Webb, and Saundra Woods, Individually and on behalf of others similarly situated, Plaintiffs, v. Ralph KARPINOS, Individually and in his position as Town Attorney for the Town of Chapel Hill, Arnold Gold, Individually and in his position as Chief of Police for the Town of Chapel Hill, Lindy Pendergrass, Individually and in his position as Sheriff of Orange County, Thomas Snipes, Individually and in his position as Chief of the Detective Bureau, Chapel Hill Police Department, Ben Wiseman, Individually and in his position as Detective, Chapel Hill Police Department, Melissa G. McCall, Individually and in her position as Detective, Carrboro Police Department, Marsha E. Gale, Individually and in her position as Detective, Chapel Hill Police Department, Town of Chapel Hill, a Municipal Corporation, Orange County, a Municipal Corporation, Robert Morgan, Individually and in his position as Director, North Carolina State Bureau of Investigation, Charles Dunn, Individually and in his position as Deputy Director, North Carolina State Bureau of Investigation, and Several Unknown Agents of the North Carolina State Bureau of Investigation, Individually, Defendants.

Court of Appeals of North Carolina.

August 15, 1995.


Attorney(s) appearing for the Case

Glover & Petersen, P.A. by James R. Glover, Chapel Hill, for plaintiff-appellants.

Bailey & Dixon by Gary S. Parsons, Patricia P. Kerner, and Kenyann G. Brown, Raleigh, for defendant-appellee Karpinos.

Cranfill, Sumner & Hartzog, L.L.P. by Dan M. Hartzog and Patricia L. Holland, Raleigh, for defendant-appellees Gold, Snipes, Wiseman, Gale, and Town of Chapel Hill.

Michael B. Brough & Associates by Michael B. Brough, Chapel Hill, for defendant-appellee McCall.


ARNOLD, Chief Judge.

This appeal involves defendants Chapel Hill, Karpinos, Gold, Snipes, Wiseman, Gale, and McCall. Plaintiffs argue that the trial court erred in dismissing their claims against these defendants.

I. 42 U.S.C. § 1983

Plaintiffs' first cause of action is grounded in section 1983, under which they seek compensatory and punitive damages, as well as equitable relief. They alleged officers used unreasonable and excessive force in...

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