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ESTATE OF FENNELL v. STEPHENSON

No. 267PA00.

554 S.E.2d 629 (2001)

The ESTATE OF Kenneth B. FENNELL, By and Through its Administrator, Annie B. FENNELL, and Annie B. Fennell v. Richard L. STEPHENSON, in his personal and official capacity; The North Carolina State Highway Patrol; and Other Unknown North Carolina State Highway Patrol Employees in their personal and official capacities.

Supreme Court of North Carolina.

November 9, 2001.

Attorney(s) appearing for the Case

McSurely & Osment by Alan McSurely and Ashley Osment, Chapel Hill, for plaintiff-appellees.

Roy A. Cooper, Attorney General by Isaac T. Avery, III, Special Deputy Attorney General, and Patricia A. Duffy, Assistant Attorney General, for defendant-appellants Richard Stephenson and the North Carolina State Highway Patrol.

Patterson, Harkavy & Lawrence, L.L.P. by Martha A. Geer, Raleigh, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.

American Civil Liberties Union of North Carolina Legal Foundation by Seth H. Jaffe, Raleigh, amicus curiae.

ORR, Justice.

On 30 August 1993, Kenneth Fennell was shot and killed by North Carolina State Trooper R.L. Stephenson during a traffic stop. In particular, the evidence tended to show that Mr. Fennell, an African-American male in his early twenties, was driving on Interstate 85 in Guilford County when he was pulled over by Defendant, who was working in "drug interdiction" efforts on the Interstate in Guilford County. Sometime after issuing Mr. Fennell a traffic citation...

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