# WALLS

> District Court, M.D. North Carolina · July 7, 2026

URL: https://www.frixlaw.com/law-library/cases/11385537

## Case

- **Full name:** Bobbie F. Walls, Jr. v. City of Greensboro, Det. J.C. Payne, Det. M.P. O’Hal, Det. A.J. Smith, Det. G.H. Wilde, Det. K.A. Denny, Det. R.L. Armstrong, Ofc. Walker, Ofc. Tyler, and Ofc. Hooker
- **Court:** District Court, M.D. North Carolina
- **Decided:** July 7, 2026
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

BOBBIE F. WALLS, JR., )
)
Plaintiff, )
)
v. ) 1:24CV1074
)
CITY OF GREENSBORO, DET. J.C. )
PAYNE, DET. M.P. O’HAL, DET. )
A.J. SMITH, DET. G.H. WILDE, )
DET. K.A. DENNY, DET. R.L. )
ARMSTRONG, OFC. WALKER, OFC.)
TYLER, and OFC. HOOKER, )
)
Defendants. )

MEMORANDUM OPINION AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

Police officers with the City of The City of Greensboro (“the City”)
Greensboro arrested, detained, and has moved to dismiss all claims
charged Bobbie F. Walls, Jr. with against it, the official capacity claims
crimes related to drug distribution, a against the individual defendants,
drive-by shooting, and a separate and the punitive damages demand.
discharge of a firearm. Walls See Def. City of Greensboro’s Mot. to
contends officers lacked probable Dismiss, Docket Entry 15; Def. City of
cause and knowingly made false Greensboro’s Mem. of Law in Support
statements and material omissions to of Mot. to Dismiss (“Mem. in Supp.”),
the Magistrates to obtain warrants Docket Entry 16.
and charges. He has sued the
defendants for these alleged acts and Because Walls has not sufficiently
claims violations of his Fourth, pled Monell liability against the City,
Eighth, and Fourteenth Amendments the federal claims against the City
rights pursuant to 42 U.S.C. § 1983, should be dismissed. Likewise, Walls
and false arrest, false imprisonment, has not alleged the City waived
obstruction of justice, and defamation immunity from suit for state torts.
per se in violation of North Carolina Further, because adequate state
law. See generally Compl., Docket remedies can redress the alleged
Entry 1. injuries, there is no direct state
constitutional claim. Thus, the state
law claims against the City should be security footage from Greensboro
dismissed. Were any claim to survive Nissan, he saw “‘a black Cadillac
against the City, Walls could not be Escalade’” swerve into the left lane to
awarded punitive damages, and, avoid crashing into the victim’s car.
therefore, his request for them should Id. ¶ 10. Walls does not drive a black
be dismissed. And, finally, because Cadillac Escalade. Instead, he drives
the official capacity claims against the a black Cadillac SRX, which is smaller
individual defendants are duplicative than an Escalade. Id.¶ 14.
of the claims against the City, they,
too, should be dismissed. That same afternoon, the driver of a
black Cadillac SUV discharged a
In sum, the Court should grant the firearm out of the car while heading
City’s motion. east on Landmark Center Boulevard.
Id. at 33. Other detectives and officers
I. FACTS at this scene told Hooker that “it
appeared to them that the same ‘Black
All well-pled facts are accepted as true Cadillac Escalade’ was involved in
and considered in the light most [both shootings].” Id. ¶ 11. A witness
favorable to the plaintiff. See Nemet to this shooting described the driver
Chevrolet, Ltd. v. as “‘a black male in his late twenties
Consumeraffairs.com, Inc., 591 F.3d with long dreads possibly shoulder
250, 255 (4th Cir. 2009) (citation length.’” Id. These features do not
modified). describe Walls. Instead, Walls is a
black male in his early forties who is
On the afternoon of September 27,
bald with a full beard with gray
2023, in Greensboro, a person fired
patches. Id. ¶ 13.
shots out of a black Cadillac SUV
speeding east on West Wendover Two days later, on September 29,
Avenue near Norwalk Street. A round Detectives Wilde and O’Hal stopped
struck a nearby car and hit the driver Walls’ car for fictitious tags and no
in the left leg. Compl. at 35.1 financial responsibility on the car. Id.
According to the police report, a ¶¶ 15, 31. Officers also told Walls that
witness told officers that he was “‘one his car was involved in a shooting, and
hundred percent sure it was a black they accused him of living at 1012 Fir
Cadillac SUV’” with tinted windows Place in Greensboro. Id. ¶¶ 16, 17.
that made it difficult to see the driver. Walls did not live at 1012 Fir Place.
Id. at 36. Walls alleges that same Instead, at all relevant times, his
witness told Officer Hooker that he residence was 502 Woodlake Drive.
“‘saw a black Cadillac Escalade.’” Id. Id. ¶¶ 23, 34.b. The officers searched
¶ 9. When Officer Hooker reviewed Walls and the car and found no

1 Walls attached copies of two police numbers that CM/ECF assigned to the
reports to his Complaint. Citations to document. Elsewhere, Walls organized
information in those reports are the page his Complaint with paragraphs.
evidence of any illegal activity — no 502 Woodlake Drive. Id. ¶ 23; see also
firearms, bullets, bullet holes, drugs, id. ¶¶ 24, 33, 34.b.
or drug paraphernalia. Id. ¶¶ 31, 34.e.
Law enforcement executed the
Detectives Wilde and O’Hal residential search warrant at 1012 Fir
transported Walls to the Swing Road Place and found firearms and
station and locked him in an interview suspected drugs. They charged Walls
room where they held him for with possessing them. Id. ¶ 22.
approximately five hours. Id. ¶¶ 18,
20. Officers never cited him for traffic On October 13, K.A. Denny applied for
violations. Instead, they questioned and received an arrest warrant for
him about his location on September Walls based on the offenses of
27 and asked him about the location September 27. Id. ¶¶ 26, 27. Denny
of a firearm. Id. ¶ 20. A detective told swore to the Magistrate the name of a
Walls, “We know you sell drugs out witness to the offenses who
your Brother’s house” because “a C.I. “‘identif[ied] Mr. Walls as the
told us.” Id. ¶ 19. Walls denied selling offender.’” Id. ¶ 27. But Denny knew
drugs and told the detectives that he that statement was false because the
did not live at that house. Id. The witness “‘was never anywhere around
detectives responded by telling him 6006 Landmark Center Blvd. to
that “they saw [him] leaving 1012 Fir Witness ANYONE discharge a
Place” and asked him, “Will any drugs Firearm” and never told law
be found there?” Id. ¶ 21. enforcement he was there. Id. ¶¶ 28,
32, 34.e. The only witness to the
That same day, Detective J.C. Payne shooting on Landmark Center
applied for a search warrant for 1012 Boulevard provided a description of
Fir Place and swore to the Magistrate the suspect that did not describe
that the following information was Walls. Id. ¶ 32.
verified: the suspect car was a 2018-
2019 model of a black Cadillac SRX, Walls also alleges that Armstrong,
the driver discharged a firearm, a Walker, Hooker, and Tyler altered
confidential informant named Walls their police reports to reflect a
as selling and storing drugs at 1012 Fir dispatch time that aligned with the
Place, and 1012 Fir Place was Walls’ time his “alleged vehicle is seen on
residence. Id. ¶ 24. Flock,” the city’s license-plate reader
system. Id. ¶ 34.a. But the detectives
Payne did not inform the Magistrate did not use Flock “to establish [him]
of the actual suspect’s description, as the driver” of the suspect SUV. Id.
that the suspect car was a Cadillac ¶ 34.b. In addition, Smith stated in
Escalade, or that Walls’ residence was his report that he researched Walls
“and determined he had a [sic]
address of 1012 Fir Place” even
though Walls’ address “at all relevant
times” was 502 Woodlake Drive. Id. Atl. Corp. v. Twombly, 550 U.S. 544,
¶ 34.e. 570 (2007)). Legal conclusions “must
be supported by factual allegations”
Law enforcement charged Walls with that amount to more than
possession of a firearm by a felon, “unadorned, the-defendant-
going armed to the terror of the unlawfully-harmed-me
people, injury to personal property, accusation[s].” Id. (citing Twombly,
discharging a weapon into occupied 550 U.S. at 555). In other words, “a
property inflicting serious bodily plaintiff’s obligation to provide the
injury, assault with a dangerous ‘grounds’ of his ‘entitle[ment] to
weapon inflicting serious injury, and relief’ requires more than labels and
discharging a firearm in the city. Id. conclusions, and a formulaic
¶ 26. recitation of the elements of a cause of
action will not do.” Twombly, 550
Denny and Payne also published false
U.S. at 555-56.
information to the News & Record

newspaper. Id. ¶ 35.
Although a plaintiff is not required to
prove his case in the complaint, see,
The detectives’ and officers’ actions
e.g., Robertson v. Sea Pines Real Est.
“deprive[d] Mr. Walls of his liberty for
Cos., 679 F.3d 278, 291 (4th Cir.
a year, and continued detention.” Id.
2012); Scott v. City of Durham, No.
¶ 34.e.
1:20-CV-558, 2021 WL 3856168, at *2
In short, Walls alleges that members (M.D.N.C. Aug. 27, 2021), the
of the Greensboro Police Department complaint’s allegations should “allow
knowingly presented false ‘the court to draw a reasonable
information and omitted material inference that the defendant is liable
information under oath when for the misconduct alleged,’” Int’l
applying for warrants. These false Refugee Assistance Project v. Trump,
statements and omissions led to 961 F.3d 635, 648 (4th Cir. 2020)
Walls’ arrest and detention for crimes (quoting Iqbal, 556 U.S. at 678).
related to the incidents on September
On a motion to dismiss, courts view
27, 2029. And Walls seeks to hold the
the allegations in the complaint as
City vicariously liable for these
true, drawing all inferences in the
unlawful actions.
plaintiff's favor. See Twombly, 550 at
II. STANDARD OF 555–56 (2007); Langford v. Joyner,
REVIEW 62 F.4th 122, 124 (4th Cir. 2023). But
the court does not consider “legal
“To survive a motion to dismiss, a conclusions, elements of a cause of
complaint must contain sufficient action, and bare assertions devoid of
factual matter, accepted as true, to factual enhancement[,] . . .
‘state a claim to relief that is plausible unwarranted inferences,
on its face.’” Ashcroft v. Iqbal, 556 unreasonable conclusions, or
U.S. 662, 678 (2009) (quoting Bell arguments.” Nemet Chevrolet, Ltd.,
591 F.3d at 255. A pro se plaintiff’s violation of the Fourteenth
complaint must be construed liberally Amendment, id. ¶ 40; publishing or
in his favor. See Nichols v. disseminating stigmatizing or
Bumgarner, 173 F.4th 511, 517–18, damaging information and causing
520 (4th Cir. 2026); Jehovah v. the deprivation of his liberty (stigma-
Clarke, 798 F.3d 169, 176 (4th Cir. plus) in violation of the Fourteenth
2015). Amendment, id. ¶ 42; failing to
intervene to prevent the
However, even under this liberal constitutional violations in violation
standard, because Walls has not of the Eighth Amendment, id. ¶ 44;
adequately pled any official policy by and approving or ratifying the
the City, his complaint fails to state officers’ violations of Walls’
any claim against the City. constitutional rights showing
deliberate indifference towards
III. ANALYSIS
citizens’ safety in violation of the

Eighth Amendment, id. ¶ 45.
a. The § 1983 claims against the
City fail as a matter of law. “For purposes of § 1983, a
municipality is considered a ‘person’
Title 42, United States Code, Section and thus is subject to suit.” Hunter v.
1983 “is a federal statutory remedy Town of Mocksville, 897 F.3d 538,
available to those deprived of rights 553 (4th Cir. 2018) (citing Monell v.
secured to them by the Constitution Dep’t of Social Servs., 436 U.S. 658,
and, in a more sharply limited way, 690 (1978)). However, a city cannot
the statutory laws of the United be vicariously liable for the acts of its
States” by persons acting under color employees. Id. at 553-54. “Rather, ‘it
of state law. Philips v. Pitt Cty. Mem’l is when execution of a government’s
Hosp., 572 F.3d 176, 180 (4th Cir. policy or custom, whether made by its
2009). A Section 1983 claimant must lawmakers or by those whose edicts or
show that a person acting under color acts may fairly be said to represent
of state law violated a Constitutional official policy, inflicts the injury that
or other federal legal right. West v. the government as an entity is
Atkins, 487 U.S. 42, 48 (1988). responsible under § 1983.’” Id. at 554
(quoting Monell, 436 U.S. at 694).
Here, Walls alleges violations of his
rights under the Fourth, Eighth, and In other words, “municipal liability
Fourteenth Amendments. under Section 1983 attaches only to
Specifically, he contends that the City ‘action [taken] pursuant to official
is liable for his unlawful arrest and municipal policy of some nature.’” Id.
detention in violation of the Fourth (quoting Pembaur v. City of
and Fourteenth Amendments, Compl. Cincinnati, 475 U.S. 469, 477 (1986)).
¶ 38; false statements, material A single decision may create an
omissions, and fabrication of official policy “so long as that
evidence depriving him of liberty in governmental unit possessed ‘final
authority to create official policy.’” Id. by Chief Scott or any other named
(quoting Semple v. City of official – are alleged anywhere in the
Moundsville, 195 F.3d 708, 712 (4th complaint.”)
Cir. 1999)).
Walls’ “Monell Claim” consists
“‘The question of who possesses final entirely of the following allegations:
policymaking authority is one of state
law.’” Id. at 555 (quoting Riddick v. Defendant the City is liable
Sch. Bd., 238 F.3d 518, 523 (4th Cir. because the Constitutional
2000)). Courts “‘must look to the injuries alleged in Counts A, B,
relevant legal materials, including C and D, was [sic] committed
state and local positive law, as well as by city police officer(s), were
custom or usage having the force of approved or ratified by City
law.’” Id. (quoting Riddick, 238 F.3d officials with final
at 523). A “municipality may delegate policymaking authority for the
its final policymaking authority to City, and were the results of
other officials or governing bodies.” city . . . policies adopted by
Id. those City officials.

Here, the City argues that Walls’ . . .
Monell allegations are conclusory and
lack factual support. Mem. in Supp. at [The City] approv[ed] or
5. Walls’ response does not address ratifi[ed] . . . the
this challenge. See generally Resp. to Constitutional violation(s) of
Def.’s Dismissal of Complaint its police officer(s) and
(“Resp.”), Docket Entry 20. fail[ed] to create policies to
prevent the ‘go-along-to-get-
Indeed, the Complaint lacks factual along’ culture practiced by
support for its conclusory Monell [the officers].
allegations. The Court need not
determine who has final policymaking Compl. ¶¶ 37, 45. Elsewhere in the
authority for arrests and detention Complaint, he alleges in a similar
here because Walls alleges nothing conclusory fashion that the "City is
more than the elements of the claim. vicariously liable for . . . false arrest,
See Smith v. City of Greensboro, No. false imprisonment . . . by its officer(s)
1:19CV386, 2020 WL 1452114, at *10 in their official capacities” and the
(M.D.N.C. Mar. 25, 2020) “City is vicariously liable for the
(“Ultimately, there is no need to parse constitutional violations of their
Plaintiffs’ inconsistent statements; officer(s) acting in their official
their ‘formulaic recitation’ of terms capacities” Compl. ¶¶ 32, 35.
like ‘decisionmaker’ and ‘policy’ do
not camouflage the fact that no These allegations lack any specific
specific, affirmative policy decisions – policy decision affecting Walls’
constitutional rights or any person Nevertheless, “‘a city can waive its
who had final policymaking authority immunity by purchasing liability
with respect to that policy. insurance.’” Flomeh-Mawutor v. City
of Winston-Salem, 906 S.E.2d 1, 8
Walls has not sufficiently pled Monell (N.C. Ct. App. 2024) (quoting Reid v.
liability against the City. Therefore, Town of Madison, 527 S.E.2d 87, 89
the Court should dismiss the § 1983 (N.C. Ct. App. 2000)).
claims against the City.
Here, Walls alleges the City is
b. The state tort claims against the vicariously liable for false arrest, false
City fail as a matter of law. imprisonment, obstruction of justice,
and defamation per se. See generally
North Carolina “has recognized the Compl. But the City argues that he
rule of governmental immunity for failed to allege that the City waived its
over a century.” Estate of Williams ex immunity from suit for these torts.
rel. Overton v. Pasquotank Cnty. Mem. in Supp. at 7-8. As before,
Parks & Rec. Dep’t, 732 S.E.2d 137, Walls’ response does not address this
140 (N.C. 2012) (citing cases). The challenge. See generally Resp. in
doctrine of governmental immunity Opp’n. The City is correct; Walls must
provides that a municipality “‘is allege the City waived its immunity,
immune from suit for the negligence and his failure to do so dooms the tort
of its employees in the exercise of claims.
governmental functions absent
waiver of immunity.’” Id. (quoting “To overcome a defense of
Evans ex rel. Horton v. Housing governmental immunity, ‘[t]he
Auth., 602 S.E.2d 668, 670 (N.C. complaint must specifically allege a
2004)); see also id. at 141 (noting that waiver of governmental immunity.’”
this immunity does not apply to the Polk v. Clark, No. 1:24CV744, 2026
performance of proprietary WL 699649, at *8 (M.D.N.C. Mar. 12,
functions). A governmental function 2026) (quoting Phillips v. Gray, 592
“is an activity that is ‘discretionary, S.E.2d 229, 232 (N.C. Ct. App. 2004)
political, legislative, or public in and granting the defendants’ motion
nature and performed for the public to dismiss the tort claims against
good in behalf of the State rather than them in their official capacities
for itself.’” Id. (quoting Britt v. City of because the plaintiff failed to allege
Wilmington, 73 S.E.2d 289, 293 (N.C. waiver of governmental immunity);
1952)). “A police officer in the see also, e.g., Stevens v. Town of
performance of his duties is engaged Snow Hill, No. 4:19-CV-156-D, 2021
in a governmental function.” Mullins WL 2345353, at *13 (E.D.N.C. June 8,
by Mullins v. Friend, 449 S.E.2d 227, 2021) (stating the same and granting
230 (N.C. Ct. App. 1994). the town’s and county’s motions to
dismiss because the plaintiff did not
allege a waiver of governmental
immunity); Molamphy v. Town of
Southern Pines, No. 1:02CV720, 2004 c. The North Carolina
WL 419789, at *11 (M.D.N.C. Mar. 3, constitutional violations fail as
2004) (“A plaintiff must allege that a matter of law.
this waiver occurred in order to take
advantage of the waiver and state a “‘[T]he North Carolina Supreme
proper claim for relief.”); Phillips, 592 Court has held that ‘in the absence of
S.E.2d at 232 (“The complaint must an adequate state remedy,’ one whose
specifically allege a waiver of state constitutional rights have been
governmental immunity to overcome abridged has a direct claim under the
a defense of sovereign immunity. North Carolina Constitution;
Absent such an allegation, the otherwise no direct constitutional
complaint fails to state a cause of claim is recognized.” Edwards v. City
action.”) (internal citation omitted). of Concord, 827 F. Supp. 2d 517, 520
(M.D.N.C. 2011) (quoting Craig v.
Walls’ allegations against the New Hanover Cnty. Bd. of Educ., 678
members of the Greensboro Police S.E.2d 351, 356-57 (N.C. 2009)
Department involve actions they took (internal citation omitted).
in the performance of their duties:
they arrested and detained him Walls alleges that the City is
without probable cause, they made vicariously liable for the officers’ false
false statements and material statements and material omissions to
omissions to the Magistrate to obtain the Magistrate that led to his arrest
warrants and charges against him, and detention in violation of the
and they made false statements about North Carolina Constitution. The City
Walls’ September 27, 2023 criminal argues that Walls has adequate
actions to the newspaper. The officers remedies to redress these injuries
and detectives were, therefore, and, in fact, is seeking those remedies
performing governmental functions here with claims of false arrest, false
at all relevant times. The City is thus imprisonment, defamation,
immune from suit for their tortious obstruction of justice, and malicious
actions, and Walls failed to make the prosecution. Mem. in Supp. at 8-9.
requisite allegations that the City Walls’ response does not address this
waived that immunity. challenge. See generally Resp.

Because the City is immune from the North Carolina “courts have
state torts of the members of the emphasized that ‘[a]n adequate state
Greensboro Police Department, and remedy exists if, assuming the
Walls failed to allege a waiver of that plaintiff’s claim is successful, the
immunity, he has failed to state tort remedy would compensate the
claims against the City. The Court plaintiff for the same injury alleged in
should grant the City’s motion to the direct constitutional claim.’”
dismiss the state tort claims. Edwards, 827 F. Supp. 2d at 523
(quoting Estate of Fennell ex rel. individual capacities, just as the
Fennell v. Stephenson, 528 S.E.2d plaintiffs did in, for example:
911, 915-16 (N.C. Ct. App. 2000),
rev’d in part on other grounds, 554 • Edwards, 827 F. Supp. 2d at
S.E.2d 629 (N.C. 2000)). Notably, a 521-22 (granting the City’s
“‘remedy’ is not synonymous with an motion to dismiss the state
actual recovery. Rather, it is the constitutional claims because
‘possibility of relief under the the plaintiff had an adequate
circumstances.’” Id. at 524 (quoting remedy with his claims against
Craig, 678 S.E.2d at 355). the officer in his individual
capacity, even assuming that
The Edwards court dismissed the immunity would bar the tort
direct constitutional claim because claims against the City and the
the tort claims of false arrest and officer in his official capacity);
assault and battery protect the same
constitutional rights to be free from • Hogan v. Cherokee Cnty., 519
improper restraint and excessive F. Supp. 3d 263, 290 (W.D.N.C.
force that the plaintiff alleged the 2021) (finding that “the
defendants violated. Id. at 524. The inability to pursue certain
Fennell court affirmed dismissal of claims that are barred by
the direct constitutional claim where immunity does not deprive the
claims of false imprisonment, Plaintiffs of an adequate
trespass to chattel, and wrongful remedy” where the plaintiffs
death were adequate remedies for the alleged state law claims against
same constitutional injuries of defendants in their individual
unlawful search, unlawful seizure and capacities);
detention, excessive force, and the
killing of Fennell. 528 S.E.2d at 916.
• J.W. v. Johnston Cnty. Bd. of

Educ., No. 5:11-CV-707-D, 2012
The wrinkle here is that the
WL 4425439, at *17 (E.D.N.C.
undersigned has recommended
Sept. 24, 2012) (dismissing
dismissing the state tort claims
constitutional claim against the
against the City. Were the District
board because “even though
Court to adopt that recommendation,
governmental immunity bars
Walls will have no “opportunity to
Newsome’s state-law claims
enter the courthouse doors and
against the Board from being
present his [tort] claim[s]” against the
adequate remedies, Newsome’s
City. See Craig, 678 S.E.2d at 355.
state-law claims against Moore

and Croom in their individual
However, Walls still has an adequate
capacities are adequate
remedy at law to address those same
remedies”); and
injuries — his claims against the

individual defendants in their
• Glenn-Robinson v. Acker, 538 against the county for punitive
S.E.2d 601, 619 (N.C. Ct. App. damages).
2000) (affirming the grant of
summary judgment on state Similarly, North Carolina law
constitutional claims where the prohibits the award of punitive
plaintiff conceded that “only if damages against a municipality. See
this Court should find plaintiff Doe v. Nash Cnty. Bd. of Educ., No.
‘has no common law cause of 5:24-CV-259-D, 2025 WL 820671, at
action against . . . Acker in his *12 (E.D.N.C. Mar. 13, 2025) (citing
individual capacity’ should her cases finding the same).
[constitutional claims] stand”).
Therefore, were any claim against the
Because Walls has an adequate City to survive, the Court should
remedy under state law to redress the dismiss Walls’ punitive damages
injuries supporting his constitutional request for relief.
claim, the Court should dismiss Walls’
constitutional claim against the City. e. The official capacity claims
against the individual
d. Were there a viable claim defendants are duplicative of
against the City, Walls could those against the City.
not recover punitive damages.
The City moves to dismiss the official
As the City argues, had Walls capacity claims against the individual
sufficiently stated a claim against the defendants.2 As courts have long
City, he could not recover punitive recognized, official capacity claims
damages from the City. See Mem. in against law enforcement officers
Supp. at 7. “[A] municipality is “generally represent only another way
immune from punitive damages of pleading an action against an entity
under 42 U.S.C. § 1983.” City of of which an officer is an agent.” See
Newport v. Fact Concerts, Inc., 453 Monell, 436 U.S. at 690 n.55.
U.S. 247, 271 (1981); see also Scott v. Therefore, the court should dismiss
City of Durham, No. 1:20-CV-558, them. See Love-Lane v. Martin, 355
2021 WL 3856168, at * 3 (M.D.N.C. F.3d 766, 783 (4th Cir. 2004)
Aug. 27, 2021) (citing City of Newport (affirming the district court’s
and dismissing the claims against the dismissal of the § 1983 claim against
City for punitive damages); Sutton v. the individual defendant in his official
Rockingham Cnty., No. 1:21CV95, capacity as duplicative of the claim
2022 WL 960460, at *7 (M.D.N.C. against the Board of Education)
Mar. 30, 2022) (citing City of (citing Kentucky v. Graham, 473 U.S.
Newport and dismissing the claim 159, 165-66 (1985)); see also

2 “[B]ecause an official capacity claim is a municipality.” Howard v. City of
claim against the municipality, its Durham, No. 1:17cv477, 2018 WL
dismissal should be sought by the 1621823, at *9 (Mar. 31, 2018).
Armstrong v. City of Greensboro, 190 IV. CONCLUSION
F. Supp. 3d 450, 463 (M.D.N.C. 2016)
(dismissing the official capacity IT IS HEREBY RECOMMENDED
§ 1983 claim against the individual that the Court GRANT the City of
defendant). Greensboro’s Motion to Dismiss and
dismiss all claims against the City and
the officer defendants in their official
capacities with prejudice.
Ae Gibson McFadden
United States Magistrate Judge
July 7, 2026

11

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11385537. Public record. Not legal advice.