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SMITH v. MUNDAY

No. 15-1092, No. 15-1496.

848 F.3d 248 (2017)

April SMITH, Plaintiff-Appellant, v. Jason MUNDAY; Charles McGinley; Brian Greene; Rodney Jordan; City of Lincolnton; Lincolnton Police Department; John Doe; Jane Doe, Defendants-Appellees, and Rufus Lynch; Mark Lesassier, Defendants. April Smith, Plaintiff-Appellant, v. Jason Munday; Charles McGinley; Brian Greene; Rodney Jordan; City of Lincolnton; Lincolnton Police Department; Mark Lesassier; John Doe; Jane Doe, Defendants-Appellees, and Rufus Lynch, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: February 3, 2017.

Attorney(s) appearing for the Case

ARGUED: Algernon Williams, Sr. , LAW OFFICE OF ALGERNON WILLIAMS, Charlotte, North Carolina, for Appellant. Patrick Houghton Flanagan , CRANFILL SUMNER & HARTZOG LLP, Charlotte, North Carolina; Joseph Finarelli , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Matthew K. Lilly , CRANFILL SUMNER & HARTZOG LLP, Charlotte, North Carolina; Roy Cooper , North Carolina Attorney General, Donna Elizabeth Tanner , Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge King joined. Judge Agee wrote an opinion concurring in part and dissenting in part.

Plaintiff-appellant April Yvette Smith brought a suit under 42 U.S.C. § 1983 alleging violations of her constitutional rights when she was arrested and held in police custody for eighty days. She named as defendants the investigating officers, Defendants Jason Munday and Charles McGinley; the arresting officers, Defendants...

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