Court of Appeals for the Fourth Circuit July 24, 1987, Nos. 85-1524, 85-1523, 85-1691, 85-1714 and 85-1757 (Spell v. McDaniel)

JAMES DICKSON PHILLIPS, Circuit Judge:

This is a 42 U.S.C. § 1983 action in which after two trials Henry Spell was awarded substantial damages against the City of Fayetteville, North Carolina (the City), and Charles McDaniel, a City police officer, as a result of physical injury inflicted on Spell by McDaniel while Spell was in McDaniel’s custody following Spell’s arrest.