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HEYWARD v. CHRISTMAS

No. 25779.

357 S.C. 202 (2004)

593 S.E.2d 141

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

Supreme Court of South Carolina.

Decided January 27, 2004.

Rehearing Denied March 4, 2004.

Attorney(s) appearing for the Case

John E. James, III, and George C. James, Jr., of Lee, Erter, Wilson, James, Holler and Smith, of Sumter, for petitioner.

Dwight Christopher Moore, of Sumter; John Dennis Delgado and Kathrine Haggard Hudgins, both of Columbia, for respondent.

Justice MOORE:

We granted certiorari to review the Court of Appeals' opinion1 finding the trial court erred by granting petitioner Samuel Christmas a directed verdict. We reverse.

FACTS

Respondent brought a civil action against petitioner Samuel Christmas, a South Carolina Highway Patrol trooper, alleging excessive force and illegal seizure pursuant to 42 U.S.C. § 19832 and alleging other...

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