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JONES v. CITY OF DURHAM

No. COA04-662-2.

643 S.E.2d 631 (2007)

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

Court of Appeals of North Carolina.

May 1, 2007.

Attorney(s) appearing for the Case

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

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.

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

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.

LEVINSON, Judge.

The facts and procedural history of this matter are set forth in Jones v. City of Durham, 168 N.C. App. 433, 608 S.E.2d 387 (2005)(Jones I). In a recent decision, the Supreme Court (1) reversed itself and its earlier opinion reported at 360 N.C. 81, 622 S.E.2d 596 (2005) that plaintiff had not forecast evidence demonstrating gross...

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