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    Luther Lowe, an inmate in North Carolina, filed a civil rights action alleging that his constitutional rights were violated during his arrest, removal from a hospital, and placement in prison pending trial for murder. The district court ruled in favor of the defendants. On appeal, the Fourth Circuit affirmed the district court's ruling. Specifically, the court found that Lowe failed to state a claim against the county sheriff's department because he did not allege that his rights were violated due to an official policy or custom. The court affirmed the remaining claims based on the reasoning provided by the district court.

    Original Description:

    Filed: 1987-06-30 Precedential Status: Non-Precedential Citations: 823 F.2d 547 Docket: 87-6538

    Original Title

    Luther Lowe, Jr. v. John J. Ancellotti, Sergeant Department of Corrections Nathan Rice Doctor Wright Sampson County Sheriff's Department Sheriff Fann Leonard Thagard Duke University Medical Center Donald Serafin Ellen Beatty, 823 F.2d 547, 4th Cir. (1987)

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    Luther Lowe, an inmate in North Carolina, filed a civil rights action alleging that his constitutional rights were violated during his arrest, removal from a hospital, and placement in prison pending trial for murder. The district court ruled in favor of the defendants. On appeal, the Fourth Circuit affirmed the district court's ruling. Specifically, the court found that Lowe failed to state a claim against the county sheriff's department because he did not allege that his rights were violated due to an official policy or custom. The court affirmed the remaining claims based on the reasoning provided by the district court.

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    43 views2 pages

    United States Court of Appeals, Fourth Circuit

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    Luther Lowe, an inmate in North Carolina, filed a civil rights action alleging that his constitutional rights were violated during his arrest, removal from a hospital, and placement in prison pending trial for murder. The district court ruled in favor of the defendants. On appeal, the Fourth Circuit affirmed the district court's ruling. Specifically, the court found that Lowe failed to state a claim against the county sheriff's department because he did not allege that his rights were violated due to an official policy or custom. The court affirmed the remaining claims based on the reasoning provided by the district court.

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    of 2

    823 F.

    2d 547
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Luther LOWE, Jr., Plaintiff-Appellant,
    v.
    John J. ANCELLOTTI, Sergeant; Department of Corrections;
    Nathan Rice; Doctor Wright; Sampson County Sheriff's
    Department; Sheriff Fann; Leonard Thagard; Duke University
    Medical Center; Donald Serafin; Ellen Beatty, DefendantAppellee.
    No. 87-6538

    United States Court of Appeals, Fourth Circuit.


    Submitted May 4, 1987.
    Decided June 30, 1987.

    Luther Lowe, Jr., appellant pro se.


    Jacob Leonard Safron, Special Deputy Attorney General; Allan R. Gitter,
    Womble, Carlyle, Sandbridge & Rice; Joel Miller Craig, Newsom,
    Graham, Hedrick, Bryson & Kennon, for appellees.
    Before HALL, CHAPMAN and WILKINSON, Circuit Judges.
    PER CURIAM:

    Luther Lowe, currently a North Carolina inmate, filed this action alleging that
    his civil rights were violated in that: (1) he was arrested without a warrant; (2)
    his rights were not read to him prior to arrest; (3) he was denied access to
    proper medical care; and (4) his life and health were jeopardized due to the
    uncaring and unresponsive attitude of the defendants. Lowe's claims stem from

    events which occurred when he was arrested, removed from Duke University
    Medical Center, and placed in Central Prison pending his trial for murder. The
    district court entered judgment for the defendants and Lowe appealed. We
    affirm.
    2

    Sampson County Sheriff Department was one of the defendants named in the
    complaint. As Lowe has not alleged that his rights were violated due to a
    department policy or custom, he has failed to state a claim against the
    department. Monell v. New York City Department of Social Services, 436 U.S.
    658 (1978), overruling in part, Monroe v. Pape, 365 U.S. 167 (1961).

    As to the remaining claims, we affirm the judgment on the reasoning of the


    district court. Lowe v. Ancellotti, C/A 85-1015-CRT (E.D.N.C., Jan. 14, 1987).
    We dispense with oral argument because the dispositive issues recently have
    been decided authoritatively.

    AFFIRMED.

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