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SWAIN v. ELFLAND

No. COA00-258.

550 S.E.2d 530 (2001)

Edwin SWAIN, Plaintiff, v. Carolyn ELFLAND, individually and in her official capacity as an Assistant Vice Chancellor for Auxiliary Services of the University of North Carolina at Chapel Hill, Jeffrey McCracken, individually and in his official capacity as Major in the Police Department of the University of North Carolina at Chapel Hill, Drake Maynard, individually and in his official capacity as Human Resources Administrator for the University of North Carolina at Chapel Hill, and Other Unknown University Officials, and the University of North Carolina at Chapel Hill, Defendants.

Court of Appeals of North Carolina.

August 7, 2001.

Attorney(s) appearing for the Case

McSurely & Osment, by Alan McSurely and Ashley Osment, Chapel Hill, for plaintiff appellant.

Attorney General Michael F. Easley, by Senior Deputy Attorney General Ann Reed, Assistant Attorneys General Bruce S. Ambrose, and Richard E. Slipsky, for defendant appellees.

SMITH, Judge.

The plaintiff, Lt. Edwin Swain, Jr., is employed as a police officer at the University of North Carolina at Chapel Hill. On 27 September 1997, plaintiff was assigned to an "Interdiction and Arrest" team at a football game at Kenan Stadium. The primary purpose of the team was to enforce the alcohol laws.

After the game, plaintiff observed a young woman, Caroline Hancock, holding what appeared to be a malt beverage. When plaintiff approached Hancock...

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