No. 1:00CV162-C.

162 F.Supp.2d 442 (2001)

Samuel Roy PRUETT, Plaintiff, v. TOWN OF SPINDALE, NORTH CAROLINA; D.C. Justice, Floyd Crawford, and Tom Lawrence, in their official capacities as police officers for the Town of Spindale, N.C.; and Rutherford County, North Carolina, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

January 5, 2001.

Attorney(s) appearing for the Case

Thomas DuBose Roberts, Asheville, NC, for Plaintiff.

Sandra M. King, Russell & King, P.A., Frank J. Contrivo, Andrew J. Santaniello, Asheville, NC, Scott D. MacLatchie, Womble, Carlyle, Sandridge & Rice, Charlotte, NC, for Defendants.


COGBURN, United States Magistrate Judge.

THIS MATTER is before the court upon defendant D.C. Justice's Motion to Dismiss. Plaintiff timely filed a response, to which no reply was filed. After careful consideration of Defendant Justice's motion and review of the pleadings, the court enters the following findings, conclusions, and Order.


I. Background

In this action brought pursuant to...

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