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HINES v. YATES

No. COA04-775.

614 S.E.2d 385 (2005)

Hugh Kevin HINES, Plaintiff, v. Garland N. YATES, in his Individual and Personal Capacity and in His Official Capacity as the District Attorney for the 19-B Prosecutorial District, State of North Carolina; Litchard D. Hurley, in His Individual and Personal Capacity and in His Official Capacity as the Sheriff of Randolph County, North Carolina; Western Surety Company, a South Dakota Corporation, Defendants.

Court of Appeals of North Carolina.

July 5, 2005.

Attorney(s) appearing for the Case

Puryear and Lingle, P.L.L.C., by David B. Puryear, Jr., Greensboro, for plaintiff-appellee/cross-appellant.

Attorney General Roy Cooper, by Assistant Attorney General Grady L. Balentine, Jr., for defendant-appellant/cross-appellee Garland N. Yates.

Womble Carlyle Sandridge & Rice, A Professional Limited Liability Company, by Allan R. Gitter and Douglas R. Vreeland, Winston-Salem, for defendants-appellants/cross-appellees Litchard D. Hurley and Western Surety Company.

TYSON, Judge.

Garland N. Yates ("Yates"), Litchard D. Hurley ("Hurley"), and Western Surety Company (collectively, "defendants") appeal from an order denying their motions for summary judgment. We affirm in part, reverse in part, and dismiss plaintiff's complaint.

I. Background

From 7 January 1999 to 31 December 2002, Hugh Kevin Hines ("plaintiff") worked as an investigatorial assistant in the district...

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