CHRISTMAS v. CABARRUS COUNTY

No. COA07-1301.

664 S.E.2d 649 (2008)

Keith CHRISTMAS, as Executor and Personal Representative for the Estate of Alexandr Raymond Johnson-Christmas, Plaintiff, v. CABARRUS COUNTY; Cabarrus County Department of Social Services; James F. Cook, Jr., individually and in his official capacity as Director of the Cabarrus County Department of Social Services; Connie Polk, individually and in her official capacity as Supervisor/Program Administrator of Cabarrus County Department of Social Services; Hope Moose, individually and in her official capacity as Supervisor of Cabarrus County Department of Social Services; Angela Beamer Ratliff, individually and in her official capacity as Supervisor of Cabarrus County Department of Social Services; Jane Doe and John Doe, individually and in their official capacities as Supervisors/Program Administrators of the Cabarrus County Department of Social Services; Crystalle Williams, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Tonya Hart, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Robin Fox, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Christy Belk, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Caroline Leavelle, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Donna Doe and David Doe, individually and in their official capacities as Social Workers for the Cabarrus County Department of Social Services, Defendants.

Court of Appeals of North Carolina.

August 19, 2008.


Attorney(s) appearing for the Case

Law Office of G. Lee Martin, P.A., by G. Lee Martin; and Law Offices of Mary Beth Smith, by Mary Beth Smith, Salisbury, for plaintiff appellee.

Templeton & Raynor, P.A., by Kenneth R. Raynor, for Cabarrus County, Cabarrus County Department of Social Services, James F. Cook, Jr., Connie Polk, Hope Moose, Angela Beamer Ratliff, Christy Belk, Robin Fox, Crystalle Williams, and Tonya Hart, Charlotte, defendant appellants.

Teague, Campbell, Dennis & Gorham, by Courtney C. Britt, Raleigh, for Caroline Leavelle defendant appellant.


McCULLOUGH, Judge.

On 29 March 2003, Tanya Yevette Johnson ("Johnson") gave birth to Alexandr Raymond Johnson-Christmas ("decedent"), son of Keith Christmas ("plaintiff"). Between 16 November 2004 and 24 December 2004, the Cabarrus County Department of Social Services ("DSS") received reports that decedent had various injuries, which included: knots and bruises on his body, head, and face; cuts on his lip and eye; and injuries...

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