United States Fourth Circuit

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Gregg v. Ham, 10-1738

In a homeowner's suit against a bail bondsman and others alleging civil rights violations under 42 USC section 1983 and various state law tort claims, stemming from the bail bondsman's efforts to apprehend a fugitive in and around the plaintiff's home, the jury's verdict and damages award in favor of the plaintiff are affirmed, where: 1) the qualified immunity defense does not apply to bail bondsmen, so the district court’s jury instruction on that defense could not be erroneous; 2) there was sufficient evidence to support the jury's conclusions that the plaintiff's consent to enter her home was involuntary and that she was in reasonable fear of bodily harm; and 3) the district court did not err by denying the defendant's Rule 59 motion for a new trial or remittitur on damages.

Appellate Information

  • Decided 04/30/2012
  • Published 04/30/2012

Judges

  • Diaz

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Adam Tremaine Silvernail, William Elvin Hopkins, Jr.

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