VEST v. EASLEY

No. COA00-635.

549 S.E.2d 568 (2001)

Keith Brent VEST v. Michael F. EASLEY, North Carolina Attorney General; Sam F. Boyd, Executive Director North Carolina Parole Commission; Franklin Freeman, Advisor to Governor and Past Secretary of North Carolina Department of Correction; Mack Jarvis, Past Secretary of North Carolina Department of Correction; Joseph Hamilton, Secretary of North Carolina Department of Correction; Juanita Baker, Chairman of North Carolina Parole Commission; Elbert Buck, Charles L. Mann, Sr., William Lowry, Peggy Stamey, Members of the North Carolina Parole Commission.

Court of Appeals of North Carolina.

July 17, 2001.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Elizabeth F. Parsons, Assistant Attorney General, for defendant-appellant State.

George B. Currin, Raleigh, amicus curiae.


THOMAS, Judge.

Defendants appeal from a partial denial of summary judgment granted in favor of plaintiff, Keith Brent Vest, who had brought an action requesting both damages and a declaratory judgment regarding his parole eligibility status. For the reasons stated herein, we reverse in part and dismiss in part.

The facts are as follows: In March 1990, plaintiff was convicted of assault with a deadly weapon with intent to kill inflicting serious injury and...

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