Thomas J. LYNCH, Administrator of the Estate of James Thomas Lynch; Thomas J. Lynch, Administrator of the Estate of John Wesley Lynch, Plaintiffs,
v.
NORTH CAROLINA DEPARTMENT OF JUSTICE; North Carolina State Bureau of Investigation; Forsyth County; Forsyth County Sheriff's Department; City of Greensboro; City of Greensboro Police Department; Robert Morgan, Individually and in his official capacity as Director of the North Carolina State Bureau of Investigation; Ed Hunt, Individually and in his official capacity as an Agent of the State Bureau of Investigation; J.W. Bryant, Individually and in his official capacity as an Agent of the State Bureau of Investigation; Tom Sturgill, Individually and in his official capacity as an Agent of the State Bureau of Investigation; Walt House, Individually and in his official capacity as an Agent of the State Bureau of Investigation; A.G. Travis, Individually and as an officer of the City of Greensboro Police Department; Allen Gentry, Individually and as an officer of the Forsyth County Sheriff's Department; Marc Fetter, Individually and in his official capacity as an officer of the Forsyth County Sheriff's Department; John Boner, Individually and in his official capacity as an officer of the Forsyth County Sheriff's Department; Terry Spainhour, Individually and in his official capacity as an officer of the Forsyth County Sheriff's Department; Stephen Carden, Individually and in his official capacity as an officer of the Forsyth County Sheriff's Department; Ron Barker, Individually and in his official capacity as an officer of the Forsyth County Sheriff's Department; and other unknown persons in their individual capacities and in their official capacities as agents and officers of the North Carolina Department of Justice, State Bureau of Investigation, Forsyth County Sheriff's Department, and the City of Greensboro Police Department, Defendants.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
February 21, 1989.
February 21, 1989.
Attorney(s) appearing for the Case
Donaldson, Horsley & Greene by Arthur J. Donaldson and Richard M. Greene, Greensboro, for plaintiff-appellant.
Atty. Gen. Thornburg by Sp. Deputy Atty. Gen., David Roy Blackwell, Raleigh, for defendants-appellees North Carolina Dept. of Justice, North Carolina State Bureau of Investigation, Robert Morgan, Individually and in his official capacity as Director of the North Carolina State Bureau of Investigation, and Ed Hunt, J.W. Bryant, Tom Sturgill and Walt House, Individually and in their official capacities as agents of the North Carolina State Bureau of Investigation.
Womble Carlyle Sandridge & Rice by Richard T. Rice and J. Daniel McNatt, Winston-Salem, for defendants-appellees Forsyth County, Forsyth County Sheriff's Dept., and Allen Gentry, Marc Fetter, John Boner, Terry Spainhour, Stephen Carden and Ron Barker, Individually and in their official capacities as officers of the Forsyth County Sheriff's Dept.
Nichols, Caffrey, Hill, Evans & Murrelle by Charles E. Nichols and Fred T. Hamlet, Greensboro, for defendants-appellees City of Greensboro, City of Greensboro Police Dept., and A.G. Travis, Individually and in his official capacity as an officer of the City of Greensboro Police Dept.
Court of Appeals of North Carolina.
PHILLIPS, Judge.
One ground for dismissing a civil action on the pleadings is that it is of a sort that the law does not support. Hodges v. Wellons, 9 N.C. App. 152, 175 S.E.2d 690 (1970). Plaintiff's action is clearly of that sort; for its validity under all the causes of action alleged depends upon the defendant law enforcement agencies and officers being legally liable for plaintiff's children being murdered by their custodians...
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