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BEESON v. PALOMBO

No. COA11-1324.

727 S.E.2d 343 (2012)

Phillip Samuel BEESON, Plaintiff, v. Frank PALOMBO; Sandra Catherine McKenzie, and the City of New Bern, Defendants.

Court of Appeals of North Carolina.

May 1, 2012.

Attorney(s) appearing for the Case

William F. Ward, III, P.A., by William F. Ward, III , for plaintiff-appellee.

Sumrell, Sugg, Carmichael, Hicks & Hart, PA, by Anakah D. Harrison and Scott C. Hart , New Bern, for defendant-appellants.

STROUD, Judge.

Defendants appeal trial court order denying their motion for summary judgment. For the following reasons, we reverse and remand.

I. Background

On or about 18 March 2010, plaintiff filed a verified complaint against defendants, the City of New Bern and two of its employees on the New Bern Police Department in both their individual and official capacities, for false imprisonment, malicious prosecution, negligent infliction of emotional...

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