HARRIS v. TOWN OF SOUTHERN PINES

No. 23-1791.

110 F.4th 633 (2024)

Lee Marvin HARRIS, Sr., Plaintiff-Appellant, v. TOWN OF SOUTHERN PINES; Officer Jason Perry, Sued in his individual capacity; Officer Sean Lowrey, Sued in his individual capacity; Officer Kyle Marsh, Sued in his individual capacity; Chief of Police Robert Temme, Sued in his official and individual capacity, Defendants-Appellees. National Police Accountability Project, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 5, 2024.


Attorney(s) appearing for the Case

ARGUED: Abraham Rubert-Schewel, TIN FULTON WALKER & OWEN, PLLC, Durham, North Carolina, for Appellant. Christian Ferlan, HALL BOOTH SMITH, P.C., Charlotte, North Carolina, for Appellees. ON BRIEF: Scott D. MacLatchie, HALL BOOTH SMITH, P.C., Charlotte, North Carolina, for Appellees. Keisha James, Lauren Bonds, NATIONAL POLICE ACCOUNTABILITY PROJECT, New Orleans, Louisiana; Rob Rickner, RICKNER PLLC, New York, New York, for Amicus Curiae.

Affirmed in part, reversed in part, vacated in part, and remanded by published opinion. Judge Gregory wrote the opinion, in which Judge King joined. Judge Rushing wrote a dissenting opinion.


While executing a search warrant at the home of Lee Marvin Harris, Sr., law enforcement officers found a trafficking amount of cocaine in an old, inoperable Cadillac that was parked in the yard. They arrested Harris, Sr. for possessing cocaine with intent to distribute. Harris, Sr. spent approximately five months in pretrial...

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