Lee v. Greene

LEWIS, Judge.

Plaintiff commenced this action against defendants individually, and in their official capacities as North Carolina Highway Patrol officers, to recover for injuries sustained as a result of an altercation between plaintiff and defendants. Plaintiff’s complaint alleged, inter alia, causes of action for excessive force and unlawful entry in violation of 42 U.S.C. § 1983 and for trespass. Defendants asserted the defense of qualified immunity and moved for summary judgment on these three claims only. The trial court denied defendants’ motion for summary judgment on the excessive…