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BOWLING v. OLDHAM

No. C-89-433-WS.

753 F.Supp. 588 (1990)

Linda A. BOWLING, Administratrix of the Estate of Claude Calvin Howell, Jr., Plaintiff, v. E. Preston OLDHAM, Forsyth County Sheriff; Graham Pervier, Forsyth County Manager; Forsyth County Board of Commissioners, Defendants.

United States District Court, M.D. North Carolina, Winston-Salem Division.

November 29, 1990.

Attorney(s) appearing for the Case

Jack W. Floyd and Robert V. Shaver, Jr., Greensboro, N.C., for plaintiff.

Dewey W. Wells and Nathaneal K. Pendley, Winston-Salem, N.C., for defendants.

MEMORANDUM OPINION

ERWIN, Chief Judge.

This matter arises from allegations by the plaintiff that the deceased, Claude Calvin Howell, Jr., died as a result of violations of his civil rights. Plaintiff seeks a ruling in advance of trial as to whether the North Carolina wrongful death statute (N.C.Gen.Stat. § 28A-18-2 (1984)) is applicable in determining the measure of damages for actions brought pursuant to 42 U.S.C. § 1983 (1981).

Factual...

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