Burton v. City of Durham

LEWIS, Judge.

Plaintiff appeals from the grant of summary judgment for defendants and from the denial of his motion for summary judgment. Plaintiff seeks relief under 42 U.S.C. §§ 1981, 1983, and 1985 claiming that defendants violated his rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution and comparable rights under the North Carolina Constitution. Plaintiff alleges that these violations occurred during the course of his detention and arrest by defendants, police officers employed by the City of Durham.

Defendants’ evidence shows the following: On 2…