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ROGERSON v. FITZPATRICK

No. COA04-696.

612 S.E.2d 390 (2005)

Gbasay ROGERSON, Plaintiff, v. Hugh E. FITZPATRICK, Alton R. Tyndall, Jr., and Linda S. Beck, jointly and severally in their individual official capacities and the City of Durham, Defendants.

Court of Appeals of North Carolina.

May 17, 2005.

Attorney(s) appearing for the Case

Irving Joyner and Tracy Barley, Durham, for plaintiff-appellee.

Faison & Gillespie, by Reginald B. Gillespie, Jr., and Keith D. Burns, Durham, for defendant-appellants.

HUDSON, Judge.

Plaintiff filed this suit against defendants jointly, severally and individually in 1991, asserting a claim pursuant to 42 U.S.C. § 1983 for alleged violations of his Fourth Amendment rights by defendants, who were all police officers at the time. In November 2003, defendants filed a motion for summary judgment. Plaintiff filed a cross motion for summary judgment in December 2003. On 16 February 2004...

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