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HARRIS v. PITTMAN

No. 17-7308.

927 F.3d 266 (2019)

Herman HARRIS, Plaintiff-Appellant, v. Zachary PITTMAN, Fayetteville Police Department, Defendant-Appellee, and Moose Butler, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: June 18, 2019.

Attorney(s) appearing for the Case

ARGUED: Rafael Reyneri , COVINGTON & BURLING LLP, Washington, D.C., for Appellant. Donald Brandon Christian , CITY OF FAYETTEVILLE, Fayetteville, North Carolina, for Appellee. ON BRIEF: Richard Rainey , COVINGTON & BURLING LLP, Washington, D.C., for Appellant. James C. Thornton , CRANFILL SUMNER & HARTZOG LLP, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Wynn joined. Judge Wilkinson wrote a dissenting opinion.

This is the second time we have addressed this § 1983 action, in which plaintiff Herman Harris alleges that police officer Zachary Pittman used excessive force in arresting him after an intense hand-to-hand struggle between the men. Previously, we reversed the district court's grant of summary judgment to Officer...

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