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JONES v. CITY OF DURHAM

No. COA04-662.

608 S.E.2d 387 (2005)

Linda JONES, Plaintiff, v. The CITY OF DURHAM and Joseph M. Kelly [Bin his official capacity as a police officer for the City of Durham], Defendants.

Court of Appeals of North Carolina.

February 15, 2005.

Attorney(s) appearing for the Case

Glenn, Mills & Fisher, P.A., by Robert B. Glenn, Jr., Stewart W. Fisher and Carlos E. Mahoney, Durham, for plaintiff appellant-appellee.

Faison & Gillespie, by Reginald B. Gillespie Jr., and Keith D. Burns, Durham, for defendant appellants-appellees.

Of Counsel Elliot Pishko Morgan, P.A., by Robert M. Elliot, Winston-Salem, Amicus Curie of American Civil Liberties Union of North Carolina Legal Foundation, Inc., and North Carolina Academy of Trial Lawyers in support of plaintiff appellant-appellee.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Mark A. Davis, Amicus Curiae for N.C. Association of County Commissioners in support of defendant appellants-appellees.

McCULLOUGH, Judge.

The claims and defenses raised in this case resulted in the partial summary judgment order now on appeal. Effective review of the order will best be achieved by first providing the underlying evidence before the court at the time of its entry.

On 15 September 2000, at approximately 9:00 a.m., Officer Tracy Fox ("Officer Fox") was dispatched to investigate a domestic disturbance at 800 North Street...

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