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TURNER v. CITY OF GREENVILLE

No. COA08-630.

677 S.E.2d 480 (2009)

Karl E. TURNER and wife, Barbara W. Turner, Administrators of the Estate of Kerry Edward Turner, Plaintiffs, v. The CITY OF GREENVILLE, Defendant.

Court of Appeals of North Carolina.

June 16, 2009.

Attorney(s) appearing for the Case

Robert D. Rouse, III, Greenville, for plaintiffs.

Troutman Sanders LLP, by Gary S. Parsons and D. Kyle Deak, Raleigh, and Assistant City Attorney William J. Little, III, Greenville, for defendant.

WYNN, Judge.

Under N.C. Gen.Stat. § 15A-401(d), a law enforcement officer is justified in using deadly physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.1 In this appeal, Plaintiffs Karl and Barbara Turner argue that the trial court erred by granting summary judgment to Defendant City of Greenville on their claims arising from...

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