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CHAPMAN v. BYRD

No. COA95-996.

475 S.E.2d 734 (1996)

Corinne CHAPMAN, Kelly Chapman, by and through her parent and guardian, Donnie Chapman, Hisae Miles, Carol Goins, Rosita England, Donna McNally, Stacy Oliphant, Douglas Ferguson, and Terry Ludlum, Plaintiffs, v. Mitchell BYRD, individually and in his capacity as Director of Hoke County Emergency Medical Services; Djuana Reaves, individually and as Assistant Director of Hoke County Emergency Medical Services; and Hoke County, North Carolina, Defendants.

Court of Appeals of North Carolina.

October 1, 1996.

Attorney(s) appearing for the Case

Beaver, Holt, Richardson, Sternlicht, Burge & Glazier, P.A. by Richard B. Glazier and Rebecca J. Britton, Fayetteville; and Mark T. Jernigan, Raeford, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice, P.L.L.C. by Tyrus V. Dahl, Jr. and Ursula M. Henninger, Winston-Salem, for defendants-appellees.

LEWIS, Judge.

Plaintiffs appeal the N.C.R. Civ. P. 12(b)(6) dismissal of their claims for defamation, intentional and negligent infliction of emotional distress, and their 42 U.S.C. § 1983 ("Section 1983") claims for violation of their federal due process rights.

On 1 December 1994, these nine plaintiffs filed complaints against defendants. Upon defendants' motion and by order entered 13 July 1995, Judge B. Craig Ellis dismissed all of the claims. Plaintiffs...

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