State Ex Rel. Payne v. Mitchell

Browning, Judge:

Plaintiff, Mary Betty Payne, instituted this action in the Circuit Court of McDowell County, for false arrest, false imprisonment and violation of her civil rights under T. 42, §1983 of the U. S. Code, alleging that on May 31, 1965, she was arrested on a warrant charging her with profanity and taken before a justice of the peace, who ordered her placed in jail where she was held for approximately eight hours before being released. She was subsequently, on June 3, 1965, tried and convicted and fined $10.00, which conviction was dismissed on motion of the state upon her appeal.…