TAYLOR v. McDUFFIE

No. 94-6808.

155 F.3d 479 (1998)

John R. TAYLOR, Jr., Plaintiff-Appellant, v. Ernest McDUFFIE; Ronnie Lovick, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1998.


Attorney(s) appearing for the Case

ARGUED: Neal Lawrence Walters, Supervising Attorney, William R. McDonald, Third Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Catherine Ricks Piwowarski, Ward & Smith, P.A., New Bern, North Carolina, for Appellees. ON BRIEF: Raymond Krncevic, Third Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Kenneth R. Wooten, Ward & Smith, P.A., New Bern, North Carolina, for Appellees.

Before MURNAGHAN and WILLIAMS, Circuit Judges, and BROADWATER, United States District Judge for the Northern District of West Virginia, sitting by designation.


Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge BROADWATER joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

John R. Taylor, Jr., a North Carolina prisoner, filed this § 1983 action alleging that Officer Ronnie Lovick and Deputy Ernest McDuffie (Defendants) used excessive force against him while he awaited his initial appearance before a local magistrate.

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