Gay v. Wall
Court of Appeals for the Fourth Circuit
1Opinion of the Court
ERVIN, Circuit Judge:
Larry Nathan Gay brought this § 1983 action against Virginia Beach police officers, claiming that they unlawfully arrested and jailed him without probable cause in violation of his due process rights. The defendants filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The district court considered the motion to dismiss as a motion for summary judgment, see Fed.R.Civ.P. 12(b) and 56, and granted summary judgment in favor of the defendants. Gay now appeals. He argues that the district court should not have considered the motion to dismiss…
2Cases cited8 opinions
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