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LENZER v. FLAHERTY

No. 9014SC230.

418 S.E.2d 276 (1992)

106 N.C. App. 496

Jeanne M. LENZER v. David T. FLAHERTY, In his official capacity as Secretary of the Department of Human Resources, Paul T. Kayye, Individually and in his official capacity as Director of the Division of Mental Health, Mental Retardation and Substance Abuse Services of the Department of Human Resources, Thomas Miriello, Individually and in his official capacity as Deputy Director for Alcohol and Drug Abuse Services of the Division of Mental Health, Mental Retardation and Substance Abuse Services [of the Department of Human Resources], Don Cummings, Individually and in his official capacity as Director of the Division of Personnel [Management] Services of the Department of Human Resources, Michael F. Byrne, Individually and in his official capacity as Chief of the Employee Relations Section of the Department of Human Resources, Robert L. Baucom, Individually and in his official capacity as Director of ARC-Butner, and Harriet M. Harman, Individually and in her official capacity as Assistant Director of ARC-Butner.

Court of Appeals of North Carolina.

July 7, 1992.

Attorney(s) appearing for the Case

M. Travis Payne, Edelstein, Payne & Nelson, Raleigh, P. Lewis Pitts, Jr., Christic Institute South, Chapel Hill, for appellant.

Ann Reed, John R. Corne, Sp. Deputy Attys. Gen., Raleigh, for appellee.

O. William Faison and Reginald B. Gillespie, Jr., Faison & Brown, Durham, for defendants-appellees Baucom and Harman.

PARKER, Judge.

In this action alleging unlawful separation from employment, plaintiff, a former physician's assistant ("PA") at the Alcohol Rehabilitation Center in Butner, North Carolina ("ARC"), predicates defendants' liability on violation of her free speech rights under the United States and North Carolina Constitutions, civil conspiracy, tortious interference with economic relations, wrongful discharge and harassment...

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