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ROUSSELO v. STARLING

No. COA97-304.

495 S.E.2d 725 (1998)

Gary J. ROUSSELO, Plaintiff, v. William J. STARLING, in his official capacity and his individual capacity, Defendant.

Court of Appeals of North Carolina.

February 3, 1998.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Special Deputy Attorney General Isaac T. Avery, III, and Assistant Attorney General Jonathan P. Babb, for the defendant.

Elliot, Pishko, Gelbin & Morgan, P.A. by Robert M. Elliot, Winston-Salem, and Deborah K. Ross, for the plaintiff.

WYNN, Judge.

This case arises from a stop and search of Gary J. Rousselo's vehicle on 3 August 1992 by a North Carolina State Highway Patrolman, William J. Starling. In this appeal, Trooper Starling first contends that the trial court erroneously failed to grant summary judgment for him on Rousselo's claim for an alleged violation of his constitutional rights to be free from unlawful search and seizure. We agree and conclude that under the doctrine of qualified immunity...

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