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HEYWARD v. CHRISTMAS

No. 3562.

352 S.C. 298 (2002)

573 S.E.2d 845

Esau HEYWARD, Appellant, v. Samuel CHRISTMAS, Respondent.

Court of Appeals of South Carolina.

Decided November 4, 2002.

Rehearing Denied December 19, 2002.

Attorney(s) appearing for the Case

Dwight Christopher Moore, of Sumter; John D. Delgado and Kathrine H. Hudgins, both of Columbia, for appellant.

John E. James, III and George C. James, Jr., both of Sumter; for respondent.

ANDERSON, J.:

Esau Heyward brought a civil action against Samuel Christmas, a South Carolina Highway Patrol trooper, alleging causes of action for negligence, assault and battery, and violation of 42 U.S.C. § 1983 by using excessive force in arresting Heyward. The circuit court granted Christmas a directed verdict. Heyward appeals, arguing that (1) the circuit court erred in granting Christmas a directed verdict; and (2) the circuit court erred in finding Christmas...

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