Mallamo v. Town of Rivesville
West Virginia Supreme Court
1Opinion of the Court
McHUGH, Chief Justice:
This is an appeal from orders entered in the Circuit Court of Marion County, dismissing the Town of Rivesville and its police chief, Albert Wilson, from an action for damages instituted by plaintiff Edward Mallamo. This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel. For the reasons discussed below, the October 21, 1994 order dismissing Police Chief Wilson is reversed while the December 6, 1994 order dismissing the Town of Rivesville is affirmed.
I
On or about July 15,1988, plaintiff Edward Mallamo was arrested on…
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