District Court, W.D. North Carolina July 9, 1986, Civ. A. A-C-86-99 (Tarantino v. North Carolina)

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.