and the apparent mistake in identity when he was served with the suit papers in this civil case. Horner, who by this time was chief of police of the Town of Big Stone Gap, then looked into the matter further and by happenstance learned of a person living in Wise County named Michael David, Durham. A photograph of Michael David Durham was obtained and the Cl confirmed that he was the person who had been the seller of the drugs in question. In his Second Amended Complaint, the plaintiff asserts a claim under 42 U.S.C.A. § 1983 (West 2003) that Horner violated his rights under the Fourth Amendment to the Constitution by initiating the prosecution agáinst him without probable cause, thus leading to his arrest. See Brooks v. City of Winston-Salem, N.C., 85 F.3d 178, 181-82 (4th Cir.1996) (<HOLDING>). He also asserts a state law claim for
holding that such a physician was a state actor under  1983 recognizing a hostile work environment claim under section 1983 recognizing a claim for civil liability against municipalities  under  1983 recognizing such a claim under  1983 recognizing  1983 substantive due process claim