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NORTH CAROLINA EX REL. HAILEY v. WESTMORELAND

No. 1:02 CV 00326.

267 F.Supp.2d 497 (2003)

State of NORTH CAROLINA ex rel. Richard HAILEY, Jr., Plaintiff, v. Sgt. Douglas E. WESTMORELAND Deputy Sheriff, individually and in his official capacity; A. Porter, Deputy Sheriff, individually and in his official capacity; Gerald K. Hege, Sheriff of Davidson County, in his official capacity; Old Republic Surety Company, Surety; and Davidson County, Defendants.

United States District Court, M.D. North Carolina.

June 18, 2003.

Attorney(s) appearing for the Case

Romallus O. Murphy, Greensboro, NC, for Plaintiff.

Scott C. Hart, Sumrell Sugg Carmichael Hicks & Hart, PA, New Bern, NC, William L. Hill, Moss Mason & Hill, Greensboro, NC, for Defendants.

ORDER OF UNITED STATES MAGISTRATE JUDGE

ELIASON, United States Magistrate Judge.

This case now comes before the Court on a motion for summary judgment made by defendants Anthony Porter, Gerald Hege, Old Republic Surety Company, and Davidson County. That motion has been fully briefed by the parties and is now ready for decision.

I. Facts

The facts in this stated in the light most favorable to plaintiff, are as follows. On August...

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