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CUNNINGHAM v. RILEY

No. COA04-806.

611 S.E.2d 423 (2005)

Stacy CUNNINGHAM, Plaintiff, v. James RILEY, Sr., in his capacity as a Mecklenburg County Deputy Sheriff, James Pendergraph, Sheriff of Mecklenburg County, Defendants.

Court of Appeals of North Carolina.

April 5, 2005.

Attorney(s) appearing for the Case

Pamela A. Hunter, Charlotte, for plaintiff-appellant.

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

STEELMAN, Judge.

On 2 November 1997, while an inmate at the Mecklenburg County jail, plaintiff was assaulted by James Riley, Sr. (Riley). Riley was deputy sheriff of Mecklenburg County when he assaulted plaintiff. Plaintiff initiated this lawsuit against Riley, James Pendergraph, the Sheriff of Mecklenburg County, and Mecklenburg County, seeking damages for the injuries he sustained as a result of the assault. During the course of the litigation the trial court dismissed...

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