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LAYMAN v. ALEXANDER

No. 1:03CV6-C.

294 F.Supp.2d 784 (2003)

Virginia LAYMAN, as General Guardian for Ricky C. Layman, Plaintiff; v. Richard T. ALEXANDER, in his Individual and Official Capacity as Sheriff of Haywood County, Jeffery L. Haynes, Individually and in his official capacity as an Employee of the Sheriff of Haywood County, Jeremy K. Holland, Individually and in his official capacity as an Employee of the Sheriff of Haywood County, Cheryl B. Trull, Individually and in her official capacity as an Employee of Haywood County, William J. Chambers, Individually and in his official capacity as an Employee of the Sheriff of Haywood County, Redland Insurance Company, Surety for Sheriff Richard T. Alexander, Defendants.

United States District Court, W.D. North Carolina. Asheville Division.

November 21, 2003.

Attorney(s) appearing for the Case

Joseph P. McGuire, Mary E. Euler, McGuire, Wood & Bissette, P.A., Asheville, NC, for plaintiff.

Sean F. Perrin, Scott D. MacLatchie, Womble, Carlyle, Sandridge & Rice, Charlotte, NC, Killian Kersten, Killian, Kersten, Patton & Kirkpatrick, P.A., Waynesville, NC, Leon M. Killian, III, Nelson, Mullins, Riley & Scarborough, LLP, Raleigh, NC, Jeffrey W. Norris, Jeffrey W. Norris & Associates, PLLC, Waynesville, NC, for defendants.

MEMORANDUM OF DECISION AND ORDER

COGBURN, United States Magistrate Judge.

THIS MATTER is before the Court on Defendants' Motion to Dismiss the Second Amended Complaint. Having considered the pleadings, the parties' briefs, the arguments of counsel, and the applicable law, the undersigned will grant in part and deny in part Defendants' motion.

FACTUAL AND PROCEDURAL BACKGROUND

This action was filed on January 3, 2003 by Plaintiff...

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