TURNER v. THOMAS

No. 319PA14.

794 S.E.2d 439 (2016)

Kirk Alan TURNER v. Special Agent Gerald R. THOMAS, in his individual capacity and, in the alternative, in his official capacity; Special Agent Duane Deaver, in his individual capacity and, in the alternative, in his official capacity; Robin Pendergraft, in her individual capacity and, in the alternative, in her official capacity; and John and Jane DOE Sbi Supervisors, in their individual capacities and, in the alternative, in their official capacities

Supreme Court of North Carolina.

Filed December 21, 2016.


Attorney(s) appearing for the Case

Morrow Porter Vermitsky Fowler & Taylor, PLLC, Winston-Salem, by John C. Vermitsky , for plaintiff-appellee.

Roy Cooper , Attorney General, by Tammera Hill and J. Joy Strickland , Assistant Attorneys General, for defendant-appellants Thomas and Deaver.


In this case, we consider the tort liability of law enforcement agents when their criminal investigation went awry. Defendants Thomas and Deaver are or were at the time of the events in question agents of the State Bureau of Investigation (SBI) who participated in the investigation and prosecution of plaintiff for the murder of...

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