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KELLY v. BENCHECK

No. 3:94-CV-51-BR2.

921 F.Supp. 1465 (1996)

Roland Lee KELLY, Sr., Plaintiff, v. Robert BENCHECK, et al., Defendants.

United States District Court, E.D. North Carolina, Western Division.

April 10, 1996.

Attorney(s) appearing for the Case

J. Michael McGuinness, McGuinness & Parlagreco, Elizabethtown, NC, Ronald D. McSwain, Boose & McSwain, Fayetteville, NC, for Roland Lee Kelly, Sr.

James R. Nance, Jr., Reid, Lewis, Deese, & Nance, Fayetteville, NC, for Robert Bencheck.

Rudolph G. Singleton, Jr., Singleton, Murray, Craven & Inman, Fayetteville, NC, for Bradley R. Chandler.

Richard B. Glazier, Fayetteville, NC, William O. Richardson, Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, Fayetteville, NC, Carl J. Milazzo, Fayetteville, NC, for William Britton.

ORDER

BRITT, District Judge.

Before the court is defendants' motion for summary judgment. Plaintiff responded to the motion, and defendants replied. This matter is thus ripe for disposition.

I. FACTS

At approximately 9:00 p.m. on 2 July 1993, officers of the Fayetteville Police Department were in the process of conducting a prostitution "sting" operation. A female undercover...

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