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MELLON v. PROSSER

No. COA96-986.

486 S.E.2d 439 (1997)

Rickey Wayne MELLON, Plaintiff, v. Cathie W. PROSSER, Individually, and as a Deputy of the Cleveland County Sheriff's Department; Dan Crawford, Sheriff of Cleveland County; and Cleveland County Sheriff's Department, Defendants.

Court of Appeals of North Carolina.

July 1, 1997.

Attorney(s) appearing for the Case

Yelton, Farfour, McCartney & Lutz, P.A. by Leslie A. Farfour, Jr., Shelby, for plaintiff-appellee.

Womble Carlyle Sandridge & Rice, P.L.L.C. by G. Michael Barnhill and W. Clark Goodman, Charlotte, for defendants-appellants.

TIMMONS-GOODSON, Judge.

On 27 December 1994, plaintiff Rickey Wayne Mellon was driving his business vehicle on a roadway outside of Shelby, North Carolina, when defendant Cathie W. Prosser, a Cleveland County Deputy Sheriff, activated her blue light and siren and required plaintiff to pull his vehicle to the side of the roadway. Defendant Prosser believed plaintiff to be his brother, Ralph Mellon, who had several outstanding warrants pending against him. After coming...

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