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HARWOOD v. JOHNSON

No. 37PA89.

388 S.E.2d 439 (1990)

326 N.C. 231

Randy L. HARWOOD v. Aaron J. JOHNSON, Secretary of the North Carolina Dept. of Correction, in his official and individual capacities; Bruce B. Briggs, Chairman of the North Carolina Parole Commission, in his official and individual capacities; Louis R. Colombo, Wanda J. Garrett, Jeffrey T. Ledbetter, and A. Leon Stanback, Jr., Members of the North Carolina Parole Commission, individually and in their official capacities; Gwen O. Williams, Parole Case Analyst, in her official and individual capacities; and James F. Bame, Superintendent of the Rowan County Prison Unit, in his official capacity only.

Supreme Court of North Carolina.

February 7, 1990.

Attorney(s) appearing for the Case

Michael S. Hamden and Marvin Sparrow, for North Carolina Prisoner Legal Services, Inc., Raleigh, for plaintiff-appellant.

Lacy H. Thornburg, Atty. Gen. by Jacob L. Safron, Sp. Deputy Atty. Gen., for defendants-appellees.

William G. Simpson, Jr., Raleigh, for amicus curiae North Carolina Civ. Liberties Union Legal Found.

FRYE, Justice.

This is a civil action in which plaintiff seeks declaratory relief and money damages from various defendants for their failure to release him, on parole, six months prior to his maximum release date, in accordance with N.C.G.S. § 15A-1371(f). The Court of Appeals held that the trial court erred in dismissing plaintiff's claim for monetary damages against defendant Williams (the parole case analyst) on grounds of negligence, willful and deliberate...

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