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NUNN v. N.C. DEPT. OF PUBLIC SAFETY

No. COA12-1307.

741 S.E.2d 481 (2013)

William R. NUNN, Plaintiff, v. N.C. DEPARTMENT OF PUBLIC SAFETY (f/k/a Department of Correction), Defendant.

Court of Appeals of North Carolina.

May 7, 2013.

Attorney(s) appearing for the Case

N.C. Prisoner Legal Services, Inc. by Ben Finholt and Elizabeth Albiston , for plaintiff-appellee.

Attorney General Roy A. Cooper, III by Associate Attorney General Adrian W. Dellinger , for the State.

STROUD, Judge.

The N.C. Department of Public Safety1 ("DPS" or "defendant") appeals from a Decision and Order entered 24 July 2012 awarding William Nunn ("plaintiff"), a former inmate in the Division of Adult Correction, damages for injuries he suffered as a result of an assault by another inmate at the Caswell Correctional Institution. For the following reasons, we reverse and remand for additional findings.

I. Background

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