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NEWBERNE v. CRIME CONTROL AND PUBLIC SAFETY

No. COA03-530.

606 S.E.2d 742 (2005)

Reginald NEWBERNE, Plaintiff-Appellant, v. CRIME CONTROL AND PUBLIC SAFETY, an agency of the State of North Carolina, Division of State Highway Patrol, a principal subunit of an agency of the State of North Carolina, Bryan E. Beatty, in his official capacity as Secretary of the Department of Crime Control and Public Safety, Richard W. Holden, in his official capacity as Commanding Officer of the Division of State Highway Patrol and C.E. Moody, in his official capacity as Director of Internal Affairs for Division of State Highway Patrol, and A.C. Combs, in his individual and official capacity as First Sergeant with the Division of State Highway Patrol, Defendants-Appellees.

Court of Appeals of North Carolina.

January 18, 2005.

Attorney(s) appearing for the Case

Allen and Pinnix, P.A., by J. Heydt Philbeck, Raleigh, for plaintiff-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Isaac T. Avery, III, and Assistant Attorney General Donald K. Phillips, for the State.

McGEE, Judge.

Plaintiff appeals from the trial court's dismissal on 29 January 2003 of plaintiff's complaint of retaliation made pursuant to North Carolina's Whistleblower Act, N.C. Gen.Stat. § 126-84, et. seq.

Reginald Newberne (plaintiff) was a law enforcement officer with the State Highway Patrol (SHP) in the position of trooper. While on duty on 14 May 2000, plaintiff arrived at approximately 12...

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