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Appeals Court rejects qualified immunity for Avery sheriff, deputy in 2016 arrest

A federal Appeals Court has ruled that the Avery County sheriff and a deputy did not have qualified immunity from a lawsuit challenging a 2016 arrest as unconstitutional. The unanimous decision Monday affirmed a trial court ruling against Kevin Frye, Avery’s sheriff at the time, and Lee Buchanan, the deputy in charge of sex offender registrations.

CJ Staff