BRASWELL v. MEDINA

No. COA17-33.

805 S.E.2d 498 (2017)

Phillip BRASWELL, Plaintiff, v. Brandon MEDINA, John W. Denton, Michael A. Whitley, in their Individual and official capacities; The City of Rocky Mount, N.C. and the State of North Carolina, Defendants.

Court of Appeals of North Carolina.

Filed: September 5, 2017.


Attorney(s) appearing for the Case

Ekstrand & Ekstrand LLP, Durham, by Robert C. Ekstrand , for plaintiff-appellant.

Poyner Spruill LLP, Raleigh, by J. Nicholas Ellis , for defendants-appellees Medina, Denton, Whitley, and the City of Rocky Mount.

Attorney General Joshua H. Stein , by Special Deputy Attorney General David J. Adinolfi II , for defendant-appellee State of North Carolina.


In this appeal, we consider whether the plaintiff's complaint stated valid claims for relief both under 42 U.S.C. § 1983 and North Carolina common law based on his allegations that the defendants caused him to be arrested and indicted without probable cause by concealing and fabricating evidence. Plaintiff Phillip Braswell appeals...

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