Rainey v. Conerly

Jeffrey Rainey brought this action against Bob Conerly, a prison guard, under 42 U.S.C. § 1983, alleging that Conerly had used excessive force against Rainey while Rainey was a detainee at the Cumberland County Jail in Fayetteville, North Carolina. A jury found against Rainey. Rainey appeals, alleging an error in the jury selection process, an erroneous evidentiary ruling, and improper remarks by the trial Judge, in the presence of the jury, regarding Raineys credibility. Conerly cross-appeals, arguing that the trial court erred by not granting his motions for summary judgment and directed verdict on the basis of the doctrine of qualified immunity. We hold that Conerly was not entitled to summary judgment or directed verdict on the basis of qualified immunity. Furthermore, we find that the district courts failure to question the jurors on a matter requested by Rainey entitles Rainey to a new trial.