Académique Documents
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No. 15-1383
in
his
individual
capacity;
CITY
OF
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
Terrence W. Boyle,
District Judge. (7:14-cv-00260-BO)
Submitted:
Decided:
January 7, 2016
PER CURIAM:
Calvin Tyrone Norton filed a 42 U.S.C. 1983 (2012) action
against Jeffrey Rosier, Chief of Police of Whiteville, North
Carolina,
and
the
Defendants).
City
of
Whiteville
(collectively,
Rosiers
Defendants
motion
actions.
to
The
dismiss,
district
concluding
court
that
the
granted
alleged
constitutional
violation;
that
Norton
failed
to
allege
an
municipal
liability
under
1983;
and
that
it
lacked
injunction
imposed
against
Norton
in
the
district
North
error
the
courts
2
conclusion
that
We find no
neither
the
motion
to
dismiss,
the
complaints
To
[f]actual
level
and
to
state
claim
to
relief
that
is
809-10 (1996).
its
inception
duration.
adequately
limited
both
in
scope
and
and
stop
only
articulable
suspicion
criminal activity.
it
is
that
supported
the
person
by
seized
reasonable
is
and
engaged
in
not
him
charge
Accepting
him
these
or
warn
allegations
that
as
he
true,
as
had
we
violated
must
on
law.
Rule
the
Fourth
Amendment.
See
Digiovanni,
650
F.3d
at
506
in
support
of
the
dismissal
of
Nortons
Fourth
Thus, we conclude
find
conclusion
no
that
error,
Norton
however,
failed
to
in
the
allege
an
district
courts
official
policy,
1999).
we
note
that
Nortons
state
law
supplemental
jurisdiction
over
them,
leaving
that
we
affirm
the
district
courts
judgment
in
pendent
state
law
claims;
and
remand
for
further
proceedings. 2
this
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED