CRUMPLER v. THORNBURG

No. 8810SC354.

375 S.E.2d 708 (1989)

William B. CRUMPLER, Plaintiff, v. Lacy H. THORNBURG, in his official capacity as Attorney General of North Carolina; F.K. Heineman, in his official capacity as Chief of the Raleigh Police Department; Major R.N. Carroll, in his official capacity as an officer of the Raleigh Police Department; Captain J.S. Carroll, in his official capacity as an officer of the Raleigh Police Department; and Sgt. F.D. McLamb, in his official capacity as an officer of the Raleigh Police Department, Defendants.

Court of Appeals of North Carolina.

February 7, 1989.


Attorney(s) appearing for the Case

Atty. Gen., Lacy H. Thornburg by Asst. Atty. Gen., William P. Hart and Sp. Deputy Atty. Gen. Christopher P. Brewer, Raleigh, for defendants-appellants.

Thorp, Fuller & Slifkin by James C. Fuller and Margaret E. Karr, for plaintiff-appellee, North Carolina Civ. Liberties Foundation.


ARNOLD, Judge.

In their first assignment of error defendants contend that the trial court was without jurisdiction to hear plaintiff's summary judgment motion because there was no actual or real existing controversy between the parties. We disagree. Rather we find that the case was moot at the time Judge Battle ruled on the summary judgment motion and should have been dismissed.

Jurisdiction under the Declaratory Judgment Act, G.S. 1-253 et seq, may be invoked...

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