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MASSEY v. OJANIIT

No. 13-1460.

759 F.3d 343 (2014)

Shawn MASSEY, Plaintiff-Appellant, v. J.J. OJANIIT, Charlotte-Mecklenburg Police Officer; Gerald Esposito, Charlotte-Mecklenburg Police Officer; Tom G. Ledford, Charlotte-Mecklenburg Police Officer; John and Jane Does, #1-10, Charlotte-Mecklenburg Police Officers, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 21, 2014.

Attorney(s) appearing for the Case

ARGUED: James Earl Coleman, Jr. , Duke University School of Law, Durham, North Carolina, for Appellant. James P. Cooney, III , Womble Carlyle Sandridge & Rice, PLLC, Charlotte, North Carolina; Daniel Edward Peterson , City Attorney's Office for the City of Charlotte, Charlotte, North Carolina, for Appellees. ON BRIEF: Lori R. Keeton , Parker Poe Adams & Bernstein, Charlotte, North Carolina, for Appellees.

Affirmed in part and dismissed in part by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge THACKER joined.

KING, Circuit Judge:

In early 2010, plaintiff Shawn Massey was released from a North Carolina prison after a state court in Mecklenburg County struck five verdicts that had been rendered against him in 1999. Following his release, Massey initiated this civil action against officers of the Charlotte-Mecklenburg Police Department under 42 U.S.C. § 1983 and North Carolina law, alleging, inter alia, that they had fabricated...

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