THOMAS v. SELLERS

No. COA00-337.

542 S.E.2d 283 (2001)

Steve THOMAS and the State of North Carolina, ex rel. Steve Thomas, Plaintiffs, v. James SELLERS, Sheriff of Anson County, in his official capacity, Deputy Sheriff David Morton, in his individual and official capacity, and Fidelity and Deposit Co. of Maryland, as surety, Defendants.

Court of Appeals of North Carolina.

February 20, 2001.


Attorney(s) appearing for the Case

Drake and Pleasant, by Henry T. Drake, Wadesboro, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice, by James R. Morgan, Jr., Winston-Salem, for defendant-appellees.


MARTIN, Judge.

Plaintiff appeals from the entry of summary judgment in favor of defendants, dismissing plaintiff's claims for malicious prosecution, assault, and false imprisonment. The pleadings, depositions, and affidavits before the trial court at the summary judgment hearing tended to show that ancillary to litigation pending in the Superior Court of Anson County between Edwards Timber Company, Inc., and Jerry Wayne Flake, the Clerk of Superior Court issued, on...

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