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SMITH v. ATKINS

No. 5:09-CT-3064-D.

777 F.Supp.2d 955 (2011)

Mattie SMITH as Personal Representative for the Estate of Demittarus Pernell Burden, et al., Plaintiffs, v. Greg ATKINS, et al., Defendants.

United States District Court, E.D. North Carolina, Western Division.

February 22, 2011.

Attorney(s) appearing for the Case

Paul Carlton Rathke, The Joel Bieber Firm, Greenville, SC, for Plaintiffs.

Christopher J. Geis, Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, NC, Walter G. Merritt, Jay C. Salsman, Harris, Creech, Ward & Blackerby, New Bern, NC, for Defendants.

ORDER

JAMES C. DEVER, III, District Judge.

On March 28, 2007, at approximately 12:15 a.m., Demittarus Pernell Burden (then age 29) ("Burden" or "decedent"), committed suicide in the Bertie-Martin Regional Jail. On March 12, 2009, Burden's mother Mattie Smith ("Smith"), individually and as personal representative for Burden's estate, and Oprah Jackson ("Jackson"), the mother and next friend of Burden's four minor children (collectively "plaintiffs"), filed...

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