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DEMURRY v. DEPT. OF CORRECTIONS

No. COA08-442.

673 S.E.2d 374 (2009)

Gavin DeMURRY, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CORRECTIONS (sic), Boyd Bennett, Darlyn White, Duncan Daughtery (sic), Ted Howell, Danny Seifert (sic), Wayne Harris, Anthony Florence, Each defendant, who is an individual, individually and in his/her official capacity, jointly and severally liable, Defendants.

Court of Appeals of North Carolina.

March 3, 2009.

Attorney(s) appearing for the Case

Law Offices of Kenneth N. Glover, PLLC, by Kenneth N. Glover, Swansboro, for plaintiff-appellee.

Roy Cooper, Attorney General, by Thomas H. Moore, Assistant Attorney General, for defendants-appellants N.C. Department of Correction and Anthony Florence.

Roy Cooper, Attorney General, by Neil Dalton, Special Deputy Attorney General, for defendant-appellant Duncan Daughtry.

MARTIN, Chief Judge.

The North Carolina Department of Correction ("NCDOC"), Anthony Florence, and Duncan Daughtry appeal from an order denying their motions for summary judgment in this action in which plaintiff alleged claims for conversion, violation of North Carolina's Whistleblower Act pursuant to N.C.G.S. §§ 126-84 through 126-88, and violation of 42 U.S.C. § 1983. We reverse the order of the trial court denying defendant NCDOC's motion for summary...

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