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EMORY v. PENDERGRAPH

No. COA01-1591.

571 S.E.2d 845 (2002)

Freddie L. EMORY, Plaintiff, v. James "Jim" PENDERGRAPH, individually and in his official capacity as Sheriff of the Office of Sheriff of Mecklenburg County, Peerless Insurance Company, as Surety of the Sheriff's Bond, Susan Raul, Walter Sizemore, Mecklenburg County, and Theodis Beck, in his official capacity as Secretary of North Carolina Department of Correction, Defendants.

Court of Appeals of North Carolina.

November 19, 2002.

Attorney(s) appearing for the Case

Ferguson, Stein, Chambers, Wallas, Adkins, Gresham & Sumter, P.A., by Henderson Hill and Corie Pauling, Charlotte, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice, by Scott D. MacLatchie, Charlotte, for defendants-appellees.

TYSON, Judge.

I. Facts On 24 June 1999, Freddie L. Emory, ("plaintiff") failed to appear at his equitable distribution proceeding. Judge Jane Harper held plaintiff in civil contempt for failure to appear and ordered him "committed to the jail of Mecklenburg County for a period of (30) days...."

On 11 July 1999, plaintiff was arrested by Union County deputies and appeared before a magistrate who issued a Release Order, commonly called a "blue sheet...

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