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STRICKLAND v. UNIVERSITY OF NORTH CAROLINA

No. COA10-1589.

712 S.E.2d 888 (2011)

Donald Ray STRICKLAND, Administrator of the Estate of Peyton Brooks Strickland, Plaintiff, v. The UNIVERSITY OF NORTH CAROLINA AT WILMINGTON and The University of North Carolina at Wilmington Police Department, Defendants.

Court of Appeals of North Carolina.

July 19, 2011.

Attorney(s) appearing for the Case

Comerford & Britt, L.L.P., Winston-Salem, by John Kenneth Moser and W. Thompson Comerford, Jr. , for Plaintiff.

Attorney General Roy Cooper , by Special Deputy Attorney General Amar Majmundar , for Defendants.

STEPHENS, Judge.

On 1 December 2006, Peyton Brooks Strickland ("Strickland") was killed in his residence by a member of the New Hanover County Emergency Response Team (the "ERT"). The ERT was serving a warrant for Strickland's arrest when a member of the ERT mistook the noise of a battering ram hitting the door of Strickland's residence for the sound of gunfire and discharged his weapon through Strickland's front door, mortally wounding Strickland.

The ERT...

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