CARNAHAN v. REED

No. 8010SC622.

281 S.E.2d 408 (1981)

Marcene CARNAHAN, Next of Kin of Donald E. Carnahan v. Amos E. REED, Secretary of North Carolina Department of Correction.

Court of Appeals of North Carolina.

September 1, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James Peeler Smith, Raleigh (and summer intern Lex Allen Watson, II), for the state.

Smith, Patterson, Follin, Curtis, James & Harkavy by Norman B. Smith, Greensboro, for plaintiff-appellant.


MORRIS, Chief Judge.

Initially, we must concern ourselves with the question of plaintiff's standing to bring this action. Plaintiff prosecutes her action in several different capacities. Plaintiff is not a member of the class of all prisoners or former prisoners which she claims to represent. Therefore, her complaint does fail to state a cause of action insofar as it pertains to that class. G.S. 1A-1, Rule 23, provides...

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