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LAYMAN EX REL. LAYMAN v. ALEXANDER

No. CIV.1:03 CV 6.

343 F.Supp.2d 483 (2004)

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; 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 the Sheriff of Haywood County; and Redland Insurance Company, Surety for Sheriff Richard T. Alexander, Defendants.

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

November 18, 2004.

Attorney(s) appearing for the Case

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

Scott D. Maclatchie, Womble, Carlyle, Sandridge & Rice, Charlotte, NC, Leon M. Killian, III, Killian Kersten, Jeffrey W. Norris, Killian, Kersten, Patton & Kirkpatrick, P.A., Waynesville, NC, for Defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on Defendants' motions for summary judgment and to bifurcate the trial into liability and damages phases. Responses to these motions have been filed and the matter is ripe for resolution.

I. FACTUAL AND PROCEDURAL HISTORY

During the early morning hours of February 12, 2000, the Haywood County Sheriffs Department was called to Springhouse...

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