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ROBERTS v. SWAIN

No. COA96-656.

487 S.E.2d 760 (1997)

Douglas D. ROBERTS, Plaintiff-Appellee v. Carroll E. SWAIN, Jr., Individually and in his position as Lieutenant, University of North Carolina Police Department; J.B. MCCracken, Individually and in his position as Lieutenant, University of North Carolina Police Department; Alana M. Ennis, Individually and in her position as Public Safety Director and Chief, University of North Carolina Police Department and University of North Carolina, Defendants-Appellants.

Court of Appeals of North Carolina.

July 15, 1997.

Attorney(s) appearing for the Case

Bayliss, Hudson & Merritt by Ronald W. Merritt, Chapel Hill, for plaintiff-appellee.

Attorney General Michael F. Easley by Special Deputy Attorney General Thomas J. Ziko and Assistant Attorney General Sylvia Thibaut, for defendants-appellants.

McGEE, Judge.

This is an appeal from an order denying defendants' motion for summary judgment on claims asserted by plaintiff against defendants Swain, McCracken and Ennis in their individual capacities. Defendants contend these claims are barred by sovereign and qualified immunity.

Plaintiff filed this action on 3 July 1995, and defendants answered on 6 September 1995. On 13 March 1996, defendants moved to amend their answer and also moved for summary judgment...

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