Massey v. Ojaniit, No. 13-1460 (4th Cir. 2014)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983 and North Carolina law against police officers, alleging, inter alia, that they fabricated evidence that led to plaintiff's arrest, convictions, and nearly-twelve-year incarceration. The district court granted the officers' motion for judgment on the pleadings under Rule 12(c). The court concluded that plaintiff waived his right to appeal the judgment in Officer Ledford's favor. The court also concluded that plaintiff has failed to state a claim on which relief can be granted in regards to Officers Ojaniit and Esposito. Further, plaintiff failed to plead any colorable state law claim as to these two officers. Accordingly, the court dismissed the appeal as to Officer Ledford and affirmed the judgment as to Officers Ojaniit and Esposito.