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DURHAM v. HORNER

Case No. 2:09CV00012.

759 F.Supp.2d 810 (2010)

Michael Dwayne DURHAM, Plaintiff, v. David L. HORNER, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

December 13, 2010.

Attorney(s) appearing for the Case

H. Ronnie Montgomery and C. Adam Kinser , Montgomery Kinser Law Offices, P.C., Jonesville, VA, and Sheldon Ingram , Norton, VA, for Plaintiff.

Henry S. Keuling-Stout , Keuling-Stout, P.C., Big Stone Gap, VA, for Defendant.

OPINION (Corrected)

JAMES P. JONES, District Judge.

It is ORDERED that the Opinion entered in this case on December 7, 2010, is corrected as follows.

In this § 1983 case, the defendant police officer initiated a criminal prosecution against the plaintiff, who he believed was a drug trafficker. In fact, the plaintiff was innocent but was confused with the real perpetrator. Based upon the facts, I find that the defendant police...

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