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SPELL v. McDANIEL

No. 84-06-CIV-3.

606 F.Supp. 1416 (1985)

Henry Z. SPELL, Plaintiff v. Charles D. McDANIEL, Ind. & as patrolman, City of Fayetteville Police Department; William P. Dalton, Command Sergeant, City of Fayetteville Police Department; Roger T. Holman, Command Sergeant, City of Fayetteville Police Department, William C. Johnson, Director of Internal Affairs Division, City of Fayetteville Police Department; Daniel K. Dixon, Chief, City of Fayetteville Police Department; John P. Smith, City Manager, City of Fayetteville; and the City of Fayetteville, N.C., a municipal corporation, Defendants.

United States District Court, E.D. North Carolina, Fayetteville Division.

April 17, 1985.

Attorney(s) appearing for the Case

Gerald Beaver, Fayetteville, N.C., for plaintiff.

Robert C. Cogswell, Jr., Fayetteville, N.C., for Holman, Dalton, Johnson, Smith & City of Fayetteville.

Bobby G. Deaver, Fayetteville, N.C., for McDaniel.

Carl A. Barrington, Jr., Fayetteville, N.C., for Dixon.

ORDER

JAMES C. FOX, District Judge.

On April 4, 1985, the second jury returned its verdict in this action, assessing compensatory damages against defendants McDaniel, Dalton, Holman, Dixon, Johnson, and through the official supervisory defendants, the City of Fayetteville, in the amount of $900,000. As a result of the jury's verdict, defendants have filed post-trial motions for (1) judgment notwithstanding the verdict and (2) amendment of judgment or, alternatively...

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