Painter v. Harvey
United States Court of Appeals for the Fourth Circuit
863 F.2d 329 (4th Cir. 1988)
On November 9, 1984, Larry Harvey (defendant), a police officer in the Town of Luray, Virginia, arrested Florhline Painter (plaintiff) for drunk driving. On April 9, 1985, Painter filed a complaint with the Luray Town Council, alleging that Harvey raped her and used excessive force against her at the time of the arrest. Painter also issued a written statement regarding her arrest to a local newspaper. In February 1985, Painter sued Harvey in federal district court, alleging that he had no probable cause to arrest her and that he had used excessive force against her in violation of 42 U.S.C. § 1983. Harvey filed a defamation counterclaim under state law, alleging that Painter had submitted false statements to the Luray Town Council and the newspaper. After trial, the jury found in favor of Harvey on both the § 1983 claim and the defamation counterclaim. Painter filed a motion to set aside the verdict, claiming that the court lacked supplemental subject matter jurisdiction over the state law counterclaim. The district court denied the motion, finding that Harvey’s counterclaim involved substantially the same evidence as Painter’s claim and was therefore compulsory. Painter appealed.
Rule of Law
Holding and Reasoning (Wilkinson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.