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JONES v. BUCHANAN

No. 1:00CV-27-C.

164 F.Supp.2d 734 (2001)

Edward Arthur JONES, Plaintiff, v. Richard BUCHANAN, Individually and in his official capacity as Sheriff of Avery County; and Lee Keller, Individually and in his official capacity as a Deputy of the Avery County Sheriff's Department; Defendants.

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

September 21, 2001.

Attorney(s) appearing for the Case

Robert M. Elliot, Elliot, Pichko, Gelbin & Morgan, Winston-Salem, NC, Daniel A. Kuehnert, Kuehnert & Ayres, Morganton, NC, Eric R. Bellas, Morganton, NC, for plaintiff.

Elizabeth K. Mahan, McElwee & McElwee, N. Wilkesboro, NC, Douglas L. Hall, Hall & Hall, Newland, NC, Kimberly C. Stevens, Stevens & Withrow, PLLC, Winston-Salem, NC, for defendants.

MEMORANDUM OF DECISION

COGBURN, United States Magistrate Judge.

THIS MATTER is before the court upon defendants' Motion for Summary Judgment. Having considered that motion and reviewed the pleadings, the court enters the following findings, conclusions, and decision.

Findings and Conclusions

I. Background

In this action, plaintiff contends that he was subjected to excessive force in violation of the fourth amendment of the United...

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