Justice v. Dennis

ERVIN, Circuit Judge:

Gary Wayne Justice seeks a new jury trial on his claim that North Carolina State Highway Patrol Trooper John W. Dennis used unconstitutionally excessive force while Justice was detained in the Onslow County Courthouse jail. Although we are not certain that the force exceeded constitutional limits, we believe that the jury was instructed to test Dennis’ conduct against a standard overly favorable to the trooper. We therefore reverse and remand for a new trial.

I

In the early morning hours of December 19, 1982, Trooper W.B. Rose arrested Justice for driving while impaired.…