Police, The Fourth Amendment, Qualified Immunity

City of Wilson, NC Officer David Seagroves got served!

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Case: Carpenter v. Seagroves, Dist. Court, North Carolina 2015


Rule 4(e) of the Federal Rules of Civil Procedure provides that “an individual … may be served in a judicial district of the United States” by “following the state law for serving a summons in an action,” personally delivering a copy of the summons and complaint to the individual, leaving a copy at the individual’s “dwelling or usual place of abode,” or delivering a copy to an agent authorized to receive service of process. Fed. R. Civ. P. 4(e). In North Carolina, service can be done by any of the methods provided for in Rule 4(e). N.C. Gen. Stat. § 1A-1, Rule 4(j)(1)(a)-(b). Also, a plaintiff may deliver the documents to a defendant’s place of employment. Edwards v. Peirce, No. 5:13-CT-3184-FL, 2014 WL 4384039, at *3 (E.D.N.C. Sept. 3, 2014); Moore v. Cox, 341 F. Supp. 2d 570, 573 (M.D.N.C. 2004); Waller v. Butkovich, 584 F. Supp. 909, 926 (M.D.N.C. 1984).

In this case, the record reflects that service was purportedly effected on July 11, 2014 on Officer Seagroves by a U.S. Marshal directed to “David Seagroves” at “City of Wilson Police Department, 120 N. Goldsboro St., Wilson, NC 27894.” See Executed Summons [DE-8] at 1-2. Because a plaintiff may deliver the documents to a defendant’s place of employment, and there is no claim that the City of Wilson Police Department was not Officer Seagroves’ employer, the court finds that the process was not deficient.

Written by Burgers Allday

February 9, 2015 at 7:03 am

Posted in Uncategorized

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