PHILLIPS v. GRAY

No. COA02-1570.

592 S.E.2d 229 (2004)

Dan PHILLIPS, Plaintiff, v. Ike GRAY, individually and in his official capacity as Sheriff of Chatham County, Randy Keck, in his official capacity as Chief Deputy Sheriff of Chatham County, Defendants.

Court of Appeals of North Carolina.

February 17, 2004.


Attorney(s) appearing for the Case

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

Womble Carlyle Sandridge & Rice, by Mark A. Davis, Raleigh, for defendant-appellee.


TIMMONS-GOODSON, Judge.

Dan Phillips ("plaintiff") appeals the trial court's order of summary judgment in favor of defendants Sheriff Ike Gray ("Sheriff Gray") and Randy Keck ("Keck") (collectively as "defendants"). For the reasons stated herein, we affirm the decision of the trial court to grant summary judgment for plaintiff's claims against defendants in their official capacities and plaintiff's free speech claim. We, however, reverse and remand the trial court...

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