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GARDNER v. KING

No. C-C-78-156.

464 F.Supp. 666 (1979)

Benjamin GARDNER, Plaintiff, v. R. R. KING, D. D. Wells, B. C. Hamlin, H. T. Adams, and J. C. Goodman, Chief of Charlotte Police, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

January 26, 1979.

Attorney(s) appearing for the Case

None appearing for plaintiff.

Frank B. Aycock, III, Charlotte, N. C., for defendants.

ORDER

McMILLAN, District Judge.

On April 14, 15, 16 and 17, 1975, Benjamin Gardner was tried in Mecklenburg County Superior Court on a charge of first degree murder. On April 17, 1975, he was sentenced to a prison term of fifteen to twenty years based on a conviction of second degree murder.

On April 14, 1978, this court received from plaintiff Gardner papers by which he sought to file an action under 42 U.S.C. § 1983 against several members...

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