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SCADDEN v. HOLT

No. COA12-303.

733 S.E.2d 90 (2012)

Gregory S. SCADDEN, Plaintiff, v. Robert HOLT, Individually, Robert Holt, in his official capacity, and the Town of Newport, Defendants.

Court of Appeals of North Carolina.

September 18, 2012.

Attorney(s) appearing for the Case

Riddle and Brantley, LLP, Goldsboro, by Donald J. Dunn , for plaintiff-appellant.

Cranfill Sumner and Hartzog LLP, Wilmington, by Christopher M. Hinnant , Angela W. Dinoto , and Carolyn C. Pratt , for defendants-appellees.

STROUD, Judge.

I. Factual Background

On 29 April 2011, Gregory Scadden ("plaintiff") filed a complaint against Robert Holt, both individually and in his official capacity as an emergency medical service provider working for the Town of Newport, as well as against the Town of Newport itself ("defendants"). The following facts were alleged in the complaint:

On May 2, 2008, plaintiff was a deputy sheriff employed with the Carteret County Sheriff's...

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