Legal Opinion

Tarantino v. North Carolina

District Court, W.D. North Carolina

Decided July 9, 1986No. Civ. A. A-C-86-99PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

SENTELLE, District Judge.

THIS CASE is currently before the Court for disposition of motions to dismiss or, alternatively, for summary judgment on behalf of all defendants, the State of North Carolina; James T. Rusher, District Attorney; and Detective B.R. Baker, Jr., Avery County Sheriff’s Department, Rusher and Baker being sued in both individual and official capacities.

I

While not an old case in calendar terms, this controversy has quickly established a complex history. The relevant facts were first before the Court in the criminal case United States of America v. Joseph…

2Cases cited33 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Younger v. HarrisSupreme Court of the United States · 1971
  4. Katz v. United StatesSupreme Court of the United States · 1967
  5. Wolff v. McDonnellSupreme Court of the United States · 1974

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3Cited by3 opinions

  1. Tarantino v. BakerCourt of Appeals for the Fourth Circuit · 1987
  2. Tarantino v. BakerCourt of Appeals for the Fourth Circuit · 1987
  3. Bey v. Saginaw CountyDistrict Court, E.D. Michigan · 1986

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